Allowed

Sunil v. State of Kerala

Kerala HC11 Jul 2016Bail Appl./4639/2016

Case brief

AI extract

What is this about?

In this bail application under Section 438 Cr.P.C., the Kerala High Court granted anticipatory bail to seven accused in a criminal case involving offences under Chapters III and IV of the Penal Code, imposing conditions on inquiry and conduct.

What did the court decide?

Respondent directed to release petitioners on bail on conditional bond of Rs. 30,000/- with two solvent sureties and surrender within ten days.

Sunil 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 B.SUDHEENDRA KUMAR

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MONDAY, THE 11TH DAY OF JULY 2016/20TH ASHADHA, 1938

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Bail Appl..No. 4639 of 2016 ()

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CRIME NO. 757/2016 OF VADAKKANCHERRY POLICE STATION , PALAKKAD DISTRICT

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PETITIONER(S)/ACCUSED 1 TO 7:

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1. SUNIL, AGED 38 YEARS, S/O MANAGALANDAN, PUTHUPARAMPIL, KORANCHIRA P.O, KIZHAKKANJCHERI, ALATHUR TALUK.

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2. ANIL, AGED 35 YEARS, S/O MANAGALANDAN, PUTHUPARAMPIL, KORANCHIRA P.O, KIZHAKKANJCHERI, ALATHUR TALUK.

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3. SUDHEESH, AGED 25, S/O RADHAKRISHNAN, MEKKANATHIL HOUSE, KORANCHIRA P.O, KIZHAKKANJCHERI, ALATHUR TALUK.

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4. VINEESH, AGED 32 YEARS, S/O KUMARAN, BEEMINGAL HOUSE, KORANCHIRA P.O, KIZHAKKANJCHERI, ALATHUR TALUK.

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5. SIJU, AGED 35 S/O KURIAN, KORETH HOUSE, KOTTEKALAM KORANCHIRA P.O, KAZHAKKANJCHERI, ALATHUR TALUK.

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6. BIJU, AGED 35 YEARS, S/O THANKAPPAN, MANAPILLI HOUSE, KORANCHIRA P.O, KIZHAKKANJCHERI, ALATHUR TALUK.

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7. ELDHOSE, AGED 29, CHEREADIYIL HOUSE, ARAOGYAPURAM, KORANCHIRA P.O, KIZHAKKANJCHERI, ALATHUR TALUK.

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BY ADV. SRI.SURIN GEORGE IPE

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SMT. JASMINE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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B. SUDHEENDRA KUMAR, J.

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B.A. No. 4639 of 2016

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Dated this the 11^th day of July, 2016

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ORDER

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The petitioners are accused Nos.1 to 7 in Crime No.757/2016 of Vadakkancherry Police Station registered under Sections 143, 147, 148, 294(b), 341, 323, 324 and 308 read with Section 149 IPC.

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The prosecution allegation is that on 05.06.2016 at 2.00 p.m., the petitioners in furtherance of their common object, formed themselves into an unlawful assembly, armed with deadly weapons and attacked the de facto complainant causing injuries on him. It is alleged that the first accused used an iron rod, second accused used a nanjak and the third accused used a stick to inflict injuries on the de facto complainant. The petitioners have filed this application under Section 438 Cr.P.C.

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Heard.

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Perused the Case Diary. It appears from the wound

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certificate appended to the Case Diary that the de facto complainant did not sustain any serious injury in the incident. It further appears that the de facto complainant sustained only

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B.A. No. 4639 of 2016

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one injury in the incident as per the wound certificate appended to the Case Diary, which is a lacerated wound of 3x2x1cm on the scalp. The petitioners 1 to 6 are not involved in any other offence of similar nature. However, petitioner No.7 is an accused in two other crimes. It appears from the Case Diary that even though the seventh accused is involved in two other cases, no overt act is alleged against the seventh accused in this case. Considering the facts and circumstances of the case, I am of the view that this is a fit case where an order under Section 438 of Cr.P.C. in favour of the petitioners will be justified.

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In the result, this application stands allowed and the respondent is directed to release the petitioners on bail in the event of their arrest in Crime No.757/2016 of Vadakkancherry Police Station on condition of each of the petitioners executing a bond for Rs. 30,000/- with two solvent sureties each for the like sum to the satisfaction of the Station House Officer, Vadakkancherry Police Station, before whom the petitioners shall surrender within ten days from today, if not arrested in the meanwhile and subject to the following further conditions:-

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B.A. No. 4639 of 2016

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(1) The petitioners shall report before the

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Investigating Officer on every Saturday between 9

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a.m and 11 a.m for six months or till the filing of the final report, whichever is earlier.

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(2) The petitioners shall not get involved in any offence while on bail.

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(3) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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B. SUDHEENDRA KUMAR JUDGE

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DMR/-

Sunil v. State of Kerala

Case brief

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Sunil v. State of Kerala

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