Allowed

Sunilkumar v. State of Kerala

Kerala HC19 Jan 2016Bail Appl./3/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the 2nd accused in Crime No. 1881/2015. The court noted political enmity as the motive, different incidents in related cases, and lack of grievous injuries, imposing strict conditions before release.

What did the court decide?

Bail granted subject to bond of Rs. 60,000 with two sureties, bi-weekly appearance before IO, restriction on entering police station limits, and no interference with investigation or witnesses.

Sunilkumar Vs State of Kerala — Murder and Culpable Homicide | 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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TUESDAY, THE 19TH DAY OF JANUARY 2016/29TH POUSHA, 1937

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Bail Appl..No. 3 of 2016

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CRIME NO. 1881/2015 OF MAVELIKKARA POLICE STATION, ALAPPUZHA

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PETITIONER(S)/2ND ACCUSED:

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

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SUNILKUMAR, AGED 25 YEARS, S/O MOHANAN, SUNIL BHAVANAM, KAITHA NORTH MURI, KANNAMANGALAM VILLAGE.

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BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR

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RESPONDENT(S)/COMPLAINANT:

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

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

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BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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SUNIL THOMAS, J.

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B.A.No. 3 of 2016

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Dated this the 19^th day of January, 2016

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ORDER

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The petitioner is the 2^nd accused in Crime No.1881/2015 of Mavelikkara Police Station for offences

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punishable under Sections 323, 324, 308 and 120B of IPC and Section 27 of the Arms Act.

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The allegation of the prosecution is that on 25.11.2015 at about 7.45 p.m., the petitioner along with

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few other persons formed into an unlawful assembly, armed with sword and iron rod and attacked the de facto complainant. He sustained injury. The petitioner was arrested on 25.12.2015 and is in custody since then. Political enmity is stated to be the reason for the incident. The allegation against the 2^nd accused is that, he has used a sword, whereas the 1^st accused has used an iron rod.

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It appears that as a sequel to the above incident or in a dispute arising out of this incident, two other crimes were also registered on the same day as

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B.A.No. 3 of 2016

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Crime No. 1880/2015 and 1883/2015. However, the time of incident in all the three cases and the location of the incident are different in all the cases. The petitioner is not involved in any other case. Evidently, it appears that there is a case and counter case and substantially very grievous injuries are not recorded.

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Having regard to these facts, I am inclined to grant bail to the petitioner subject to strict conditions:

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(a) The petitioner shall execute a bond for a sum of `60,000/- (Rupees sixty thousand only) with two sureties for the like sum to the satisfaction of the jurisdictional court.

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(b) He shall appear before the Investigating Officer on all Mondays and Fridays between 10.00 a.m and 11.00 a.m. till final report is filed.

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(c ) He shall not enter the limits of Mavelikkara Police Station till the final report is filed, except for the compliance of the above conditions or for appearance in a court of law,

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B.A.No. 3 of 2016

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wherein his appearance is mandatorily

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required.

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(d) He shall not threaten, coerce or intimidate

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the witnesses and shall also not interfere with

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the course of investigation.

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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

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Sunilkumar v. State of Kerala

Case brief

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Sunilkumar v. State of Kerala

Case brief

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