Allowed

Gokul v. the Station House Officer

Kerala HC14 Mar 2016Bail Appl./1290/2015

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the seventh accused in a gang assault case involving sections 143, 147, 148 IPC. The court noted the petitioner's secondary role compared to other accused but imposed conditions for interrogation and bond forfeiture.

What did the court decide?

Bail granted subject to appearing before IO within ten days, posting a bond of Rs. 40,000 with two sureties for the same sum, not threatening complainants/witnesses, cooperating with investigation, an

Gokul Vs the Station House Officer — Bail and Remand | Kerala HC (2016)

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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 SUNIL THOMAS

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MONDAY, THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937

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Bail Appl..No. 1290 of 2015 ()

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CRIME NO. 33/2015 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT

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PETITIONER/ACCUSED NO.7 :

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GOKUL S/O.BHASKARAN, AGED 21 YEARS STUDENT, SHAD COTTAGE P.O. KOTTALI, KANNUR DT.

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BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH

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RESPONDENTS/COMPLAINANT & STATE :

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1. THE STATION HOUSE OFFICER KANNUR TOWN POLICE STATION,

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KANNUR -670 002.

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2. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM -682 031.

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*ADDL. R3 IMPLEADED

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

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*ADDL. R3. DEEPAK C., S/O. PRADEEPAN AGED 25 YEARS, CHANDROTH HOUSE P.O. CHALAD, KANNUR – 670 014.

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*ADDL. R3 IS IMPLEADED AS PER ORDER DTD.3/9/15 IN CRL.M.A NO. 8020/15 IN BA NO. 1290/15.

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R1 & R2 BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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B.A.No.1290 of 2015

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Dated this the 14^th day of March, 2016

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ORDER

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The petitioner is the 7^th accused in Crime No.33/2015 of Kannur Town Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 427, 326 read with Section 149 of IPC.

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According to the de facto complainant on 04.01.2015 at 7.00 p.m., when, he along with this friend were travelling in their motor cycle, the accused wrongfully waylaid them, armed with weapons like iron block, iron pipe and stone and attacked them. It is stated that they caused injury on various parts of the body.

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The specific allegation against the petitioner

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herein is that he had participated in the crime and used a stone. The role played by the petitioner herein appears to be less, when compared with the main overtact attributed

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to the other accused who have allegedly used iron block and pipes.

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Having regard to the nature of injuries and

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the fact that the 1^st accused has already been arrested, I

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B.A.No.1290 of 2015

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am inclined to grant bail to the petitioner, subject to the following conditions:

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(a) Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.

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(b) He shall not threaten, coerce or intimidate the de facto complainant or his witnesses.

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(c ) He shall appear before the Investigating Officer as and when called for and co-operate with the investigation.

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(d) He shall not get involved in any other identical offences.

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The bail application is allowed.

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Sd/- SUNIL THOMAS, JUDGE

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//TRUE COPY//

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P.A. TO JUDGE

Gokul v. the Station House Officer

Case brief

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Gokul v. the Station House Officer

Case brief

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