Allowed

Syamkumar v. State of Kerala

Kerala HC4 Jun 2015Bail Appl./1420/2015

Case brief

AI extract

What is this about?

In this bail application, the High Court of Kerala at Ernakulam considered a petition for anticipatory bail under Section 438 Cr.P.C. The petitioner accused of offences under the Indian Penal Code was granted anticipatory bail based on the fact that the case was not reflected in the First Information Report despite being known to the victim.

What did the court decide?

The application was allowed and the petitioner was released on bail after execution of a bond with two solvent sureties.

Syamkumar Vs State of Kerala — Anticipatory Bail | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937

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Bail Appl..No. 1420 of 2015

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CRIME NO. 1628/2014 OF PUTHOOR POLICE STATION , KOLLAM DISTRICT

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PETITIONER(S)/ACCUSED- A6 & 8 :

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1. SYAMKUMAR, S/O.SASIDHARAN PILLAI, AGED 25 YEARS, "CHITHRALAYAM", POOVATTOOR WEST MURI, KULAKKADA VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.

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2. JAYAPRAKASH, S/O.JAYADEVAN, AGED 29 YEARS, SUNIL BHAVANAM, VENDAR MURI, PUTHOOR VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.K.V.ANIL KUMAR

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RESPONDENT(S)/COMPLAINANT :

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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K. ABRAHAM MATHEW, J.

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- - - - - - - - - - - - - - - - - - - - - - -

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B.A. No.1420 of 2015

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 4^th day of June, 2015

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O R D E R

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Petition filed under Section 438 Cr.P.C.

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Petitioners are accused Nos.6 and 8 in Crime

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No.1628/2014 of Puthoor Police Station registered for the offences under Sections 143, 147, 148, 452, 324, 427, 294 (b) 308 read with Section 149 of Indian Penal Code.

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The prosecution case is that they trespassed into the property and house of the victim, assaulted him and committed mischief causing him a loss of Rs.10,000/-

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(Rupees Ten thousand only).

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Heard.

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The learned counsel submits that the petitioners

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and the victim were known to one another and still the

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petitioners' names do not find a place in the First Information Statement, which itself shows that they are not involved in the incident. It is true that their names do not find the place in the First Information Statement. Some of the accused have been granted anticipatory by the

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B.A. No.1420 of 2015 2

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Sessions Court. In these circumstances, I am inclined to

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grant their prayer for anticipatory bail.

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In the result, this application is allowed.

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The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/(Rupees Twenty five thousand only) each with two solvent sureties for the like sum each if they are arrested by the police in connection with this case.

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They shall appear before the investigating

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officer for interrogation if they are so required by him in writing.

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They shall appear before the investigating

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officer between 10 a.m to 11 a.m on every Wednesday for four months or till the final report is filed whichever is earlier.

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They shall not get themselves involved in any other criminal case while they are on bail.

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They shall not intimidate or attempt to influence

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the witnesses.

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They shall not destroy or tamper with evidence. In case of violation of any of the above conditions,

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B.A. No.1420 of 2015

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the learned Magistrate is empowered to cancel the bail in

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accordance with law.

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sd/K. ABRAHAM MATHEW JUDGE

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R.AV

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//True Copy//

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PA to Judge

Syamkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Syamkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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