Dismissed

Sanju Sathyan v. the Circle Inspector of Police

Kerala HC6 May 2016Bail Appl./2466/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by the sole accused under Section 307 IPC. The court directed the petitioner's release on a bond with two sureties subject to conditions including weekly appearances to the court for surrender and restrictions on travel and tampering.

What did the court decide?

Petitioner released on bail subject to bond of Rs.50,000 with two sureties and strict conditions including weekly court appearances for surrender.

Sanju Sathyan Vs the Circle Inspector of Police — 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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 6TH DAY OF MAY 2016/16TH VAISAKHA, 1938

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Bail Appl..No. 2466 of 2016 ()

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CMP 106/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR CRIME NO. 256/2016 OF PARIPPALLY POLICE STATION , KOLLAM

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PETITIONER(S)/ACCUSED:

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SANJU SATHYAN AGED 29 YEARS, S/O.SATHYAN, SOUMYA BHAVAN, ALUVILA, NADAKKAL CHERRY, KALLUVATHIKKAL VILLAGE, KOLLAM.

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BY ADVS.SMT.ANN SUSAN GEORGE SRI.ANIMON A. JOHN

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RESPONDENT(S)/COMPLAINANT/STATE:

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THE CIRCLE INSPECTOR OF POLICE PARIPPALY POLICE STATION, KOLLAM. 686 024.

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STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031.

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BY PUBLIC PROSECUTOR SRI.N. SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN.V, J

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B.A.2466 of 2016

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- - - - Dated 6^th May, 2016

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ORDER

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1.Application for regular bail.

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2.The petitioner faces allegation under Section 307 of the IPC. He is the sole accused in crime No.256 of 2016 of Parippally police station.

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3.The crux of the allegation is that on 10.2.2014 at 9.30 p.m the petitioner inflicted a stab injury on the abdomen of the de facto complainant causing serious injuries.

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4.I have heard the rival submissions.

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5.It is submitted by the learned counsel appearing for the petitioner that the petitioner was arrested on 10.3.2016 and since then he is

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in custody. It is further submitted that investigation in the case is almost complete and continued incarceration of the petitioner is

B.A.2466 of 2016

unwarranted.

6.I have heard the learned Public Prosecutor as well.

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7.After having considered the rival submissions and taking note of the fact that the petitioner is undergoing incarceration from 10.3.2016, I am of the view that the petitioner can now be enlarged on bail subject to stringent conditions.

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8.In the result, the petition is allowed subject to the following conditions.

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1). The petitioner will be released on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction. The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on a solvency certificate, but may peruse other vital documents to ascertain whether the sureties are solvent or not.

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2). The petitioner shall appear before the Investigating Officer on all

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B.A.2466 of 2016

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Saturdays between 9 AM and 10 AM, for 2 months or till final report is filed, which ever is earlier.

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3). The petitioner shall not leave the country without the permission of the concerned Court.

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4). The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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5). The petitioner shall not commit any offence while he is on bail.

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In case of violation of any of the above conditions, the concerned Court shall be empowered to cancel the bail in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN.V. Judge

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Mrcs/6.5.2016

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//True Copy//

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P.S.To Judge

Sanju Sathyan v. the Circle Inspector of Police

Case brief

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Sanju Sathyan v. the Circle Inspector of Police

Case brief

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