Allowed

Deepak v. State of Kerala

Kerala HC28 Jun 2016Bail Appl./4548/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted regular bail to four accused individuals in a criminal case involving assault. The Court found that the investigation was practically complete and there was no necessity for continued detention, imposing specific conditions regarding reporting, jurisdiction, and witness interaction.

What did the court decide?

Regular bail granted with a bond of 50,000/- each to two sureties, subject to conditions of reporting, non-mobility, and non-interference with witnesses.

Deepak 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 P.UBAID

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TUESDAY, THE 28TH DAY OF JUNE 2016/7TH ASHADHA, 1938

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Bail Appl..No. 4548 of 2016

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CRIME NO. 676/2016 OF VALAPPAD POLICE STATION , THRISSUR DISTRICT

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PETITIONER(S)/ACCUSED NO. 1, 3, 5 & 14 :

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1. DEEPAK,

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S/O. RAGHAVAN, AGED 29 YEARS, KAITHAVALAPPIL HOUSE, KAZHIMBRAM, VALAPPAD.

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2. SREEJITH, S/O. UNNIKRISHNAN, AGED 32 YEARS, ALUPARAMBIL HOUSE, KAZHIMBRAM, VALAPPAD.

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3. NEERAJ, S/O. RAMACHANDRAN, AGED 23 YEARS, IRINGATHURUTH HOUSE, KAZHIMBRAM, VALAPPAD.

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4. HARIKRISHNAN, S/O. RADHAKRISHNAN, AGED 24 YEARS, NEDIYIRIPPIL HOUSE, KAZHIMBRAM, VALAPPAD.

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BY ADVS. SRI.K.V.BHASI

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SRI.C.B.SUBHASH

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RESPONDENT(S)/COMPLAINANT :

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STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, VALAPPAD, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR.

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BY PUBLIC PROSECUTOR SMT. REMA.R

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

P.UBAID, J.

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B.A No.4548 of 2016

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~~~~~~~~~~~

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Dated this the 28^th June, 2016

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O R D E R

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The petitioners herein are the accused Nos.1,3,5 and 14 in Crime No.676 of 2016 of the Valappad Police Station registered under Sections 143, 144, 147, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. The application filed by them for pre-arret bail as B.A No.3711 of 2016 was disposed of by this Court on 3.6.2016, directing them to surrender before the Investigating Officer. Accordingly, they surrendered on 10.6.2016. When produced before the learned Magistrate having jurisdiction for interrogation, they were remanded to judicial custody. As per the order dated 3.6.2016 in B.A No.4082 of 2016, this Court has already granted regular bail to the accused Nos.7 and 11 in the said crime. There is report that the accused Nos.2,4, 8 and 15 have been granted regular bail by the Court of Session. The learned counsel submits that all the other accused in the crime are on bail. The petitioners seek regular bail under Section

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B.A No.4548 of 2016

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439 of the Code of Criminal Procedure.

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The prosecution case is that as part of a criminal design hatched by the fifteen accused to attack one Jibeesh, they assaulted him at about 7 p.m on 20.4.2016 and inflicted serious injuries on his body with weapons like beer bottle, with the knowledge of consequence that such injuries may cause death, and in the said incident, a friend of Jibeesh also sustained severe injuries.

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This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, they will definitely obstruct the investigation.

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On hearing both sides, and on a perusal of the materials including the case diary,I find that investigation in this case is practically over, and that the petitioners can be now released on appropriate conditions. I find that the Investigating Officer has already questioned the material witnesses, and has collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioners in custody. However, some

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B.A No.4548 of 2016

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reasonable conditions for bail are felt necessary in the particular facts and circumstances.

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In the result, this application for bail is allowed. The petitioners will be released on bail on their executing a bond with two solvent sureties for 50,000/- (Rupees Fifty₹ thousand only) each to the satisfaction of the learned Judicial First Class Magistrate, having jurisdiction. Bail is granted on condition that;

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a. The petitioner shall report before the Investigating Officer between 10.00 am and 11 a.m on all Saturdays for a period of two months.

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b. The petitioner shall not leave the jurisdictional limits of the Valappad Police Station for two months.

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c. The petitioners shall not in any manner influence or intimidate the witnesses and they shall not have any contact with the material witnesses directly or over telephone or otherwise.

P.UBAID

JUDGE

/True copy/ P.S to Judge

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B.A No.4548 of 2016

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Deepak v. State of Kerala

Case brief

What is this about?

What did the court decide?

Deepak v. State of Kerala

Case brief

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What did the court decide?

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