Allowed

Anilkumar @ Kochani v. State of Kerala

Kerala HC29 Jan 2016Bail Appl./50/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application for an accused convicted under Sections 294(b), 324, and 326 IPC. Bail was granted subject to conditions including execution of a bond, periodic appearances before the Investigating Officer, and restricting entry into the Kollam sessions division.

What did the court decide?

Bail granted on bond of Rs.70,000 with two sureties, regular appearance before Investigating Officer, and restriction on entering Kollam sessions division.

Anilkumar @ Kochani 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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FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937

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Bail Appl..No. 50 of 2016 ()

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----------------------------CRIME NO. 2849/2015 OF CHAVARA POLICE STATION,KOLLAM DISTRICT

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PETITIONER/ACCUSED:-

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ANILKUMAR @ KOCHANI, S/O.KUMARAN, AGED 36 YEARS, BHAVANALAYATHIL, NEAR NJARAKKATTU TEMPLE, CHERUSSERY BHAGOM MURI, CHAVARA VILLAGE.

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BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN

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RESPONDENT/STATE:-

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

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BY PUBLIC PROSECUTOR SMT. R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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B.A.No.50 of 2016

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

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Dated this the 29^th day of January, 2016

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ORDER

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Petitioner is the sole accused in Crime No.2849 of 2015 of Chavara Police Station for offences punishable under Sections 294(b), 324 and 326 of the Indian Penal Code.

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The allegation of the prosecution is that in connection with an altercation that happened on 20.12.2015 with the brother of the de facto complainant, on the same day at 7.30p.m., while accused along with his friend was proceeding in a motor cycle, he was attacked with a sword by the de facto complainant. It is alleged that the accused took hold of the sword and caused bodily injuries on the de facto complainant. He sustained a fracture of the left elbow. Petitioner was arrested on 26.12.2015 and is in custody since then. He seeks bail.

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Learned Public Prosecutor opposing the application submitted that the petitioner is involved in ten cases of various nature, three of which are under the Arms Act. This was also submitted by the learned Public Prosecutor that he was once detained under KAAPA. However, in regard to the present facts of

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B.A. 50/16

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the case, it appears that investigation has substantially progressed. Having regard to this fact, I feel that bail can be granted to the petitioner subject to the following conditions.

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(i) Petitioner shall execute a bond for a sum of Rs.70,000/- (Rupees seventy 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 Tuesdays and Fridays between 9 a.m. and 10 a.m. for a period of three months from the date of his release.

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(iii) Except for the compliance of the above condition or for appearance in a Court of law where his appearance is mandatorily required, he shall not enter the sessions division of Kollam for a period of three months from the date of his release.

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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 offence, involvement of which will entail the cancellation of this bail.

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The bail application is allowed as above.

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Sd/- SUNIL THOMAS

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Sbna/29/1/16

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True Copy

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P A to Judge

Anilkumar @ Kochani v. State of Kerala

Case brief

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Anilkumar @ Kochani v. State of Kerala

Case brief

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