Allowed

Binu v. State of Kerala

Kerala HC25 Jan 2016Bail Appl./183/2016

Case brief

AI extract

What is this about?

The Court granted bail to the first accused in a case involving Section 143, 147, 148, 341, 324, 308 IPC. Despite political enmity and pending cases against him, the Court allowed bail subject to strict conditions regarding appearance, travel restrictions, and non-interference.

What did the court decide?

Petitioner granted bail on bond of Rs.40,000 with two sureties, subject to conditions of appearance, travel restrictions, and non-interference.

Binu Vs State of Kerala — 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 25TH DAY OF JANUARY 2016/5TH MAGHA, 1937

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Bail Appl..No. 183 of 2016 ()

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CRIME NO. 1203/2015 OF WALAYAR POLICE STATION, PALAKKAD DISTRICT

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PETITIONER/ACCUSED NO. 1 :

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BINU S/O.BALAN, AGED 31 YEARS AYYAMKULAM, MUKRONI KANJIKODE, PALAKKAD DISTRICT.

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BY ADV. SRI.K.S.ARUNKUMAR

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RESPONDENT/COMPLAINANT :

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM -31.

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BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

SUNIL THOMAS, J.

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B.A.No.183 of 2016

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=================

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Dated this the 25^th day of January, 2016

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ORDER

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Petitioner is the first accused in Crime No.1203 of 2015 of Walayar Police Station for offences punishable under Sections 143, 147, 148, 341, 324, 308 r/w Section 149 of the Indian Penal Code.

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The allegation of the prosecution is that due to political enmity, the petitioner along with two other accused attacked the de facto complainant on 06.12.2015 at 8.30p.m. and caused bodily injuries. He was arrested on 10.12.2015 and is in custody since then. He seeks bail.

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Heard and examined the records.

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Even though he sought bail along with the second accused, first accused was not granted bail having regard to his antecedents.

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Learned Public Prosecutor submitted that the petitioner is involved in four other crimes and Section 107 proceedings are initiated against him. However, it appears that they were political cases and relate to the period 2009. Investigation has substantially progressed in this case. The third accused has not been arrested

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B.A.183/16

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even now. However, that should not stand in the way of considering the bail application of the petitioner herein. Hence, I am inclined to grant bail to the petitioner subject to the following conditions.

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(i) Petitioner shall execute a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) He shall appear before the Investigating Officer on all Mondays and Fridays for a period of two months from the date of his release.

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(iii) During the above period, he shall not enter the Sessions division of Palakkad except for the compliance of the above condition or for appearance in a Court of law where his appearance is mandatorily required.

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(iv) He shall not threaten, coerce or intimidate the de facto complainant and the witnesses nor shall he interfere in the process of investigation.

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

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The bail application is allowed as above.

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Sd/- SUNIL THOMAS Judge

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Sbna/25/1/16

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True Copy

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P A to Judge

Binu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Binu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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