Allowed

Vishnu A.T v. State of Kerala

Kerala HC10 Mar 2016Bail Appl./659/2016

Case brief

AI extract

What is this about?

The Kerala High Court granted pre-arrest bail to the third accused in a criminal case involving offences under various IPC sections, allowing him to contending he was not present at the scene.

What did the court decide?

Petitioner granted pre-arrest bail subject to conditions including appearance before investigating officer and execution of a bond for a sum of Rs. 40,000/- with two sureties.

Vishnu A.T Vs State of Kerala — Cheating and Forgery | 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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THURSDAY, THE 10TH DAY OF MARCH 2016/20TH PHALGUNA, 1937

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Bail Appl..No. 659 of 2016 ()

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-----------------------------CRIME NO. 1167/2015 OF KUMARAKOM POLICE STATION.

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PETITIONER/ACCUSED (PROPOSED):

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VISHNU A.T., S/O. THANKACHAN, AGED 22 YEARS, ARACKAPARAMBIL, CHENGALOM SOUTH POST, KOTTAYAM DISTRICT, PIN -686 022.

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BY ADV. SRI.K.T.SAJU.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED THROUGH SUB INSPECTOR OF POLICE, KUMARAKOM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

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BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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SUNIL THOMAS, J.

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B. A. No. 659 of 2016

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Dated this the 10^th day of March, 2016

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O R D E R

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The petitioner herein is now arrayed as the 3^rd accused in Crime No. 1167/2015 of Kumarakom Police Station for offences punishable under Sections 143, 147, 148, 323, 326, 341 read with 149 IPC.

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Allegation of the prosecution is that, on 20/12/2015 at 9.00 pm, accused totaling five in number formed into an unlawful assembly, armed with crowbar and attacked the defacto complainant who was proceeding on a bike. It is alleged that they hit on his leg and he sustained a fracture. Petitioner, contending that he was not present at the scene of occurrence and that he is not involved in any other case, seeks pre arrest bail. Previous enmity is stated to be the motive for the offence. The main overt act was not committed by the petitioner herein. The only allegation is that he has fisted on the body of the defacto complainant.

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One of the accused had sought bail by filing B.A.No.628/2006 and after considering the overt act of the individual accused, the petitioner therein who then stood as the 3^rd accused was granted bail.

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B. A. No. 659 of 2016

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The learned Public Prosecutor submitted that, the petitioner therein now stands arrayed as the 5^th accused and the petitioner herein as the 3^rd accused. The petitioner herein and the petitioner in B.A.No.628/2016 stand on the same pedestal with respect to the individual overt act is concerned. Hence I am inclined to grant bail to the petitioner on the following conditions:

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(i). Petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter if he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of Rs. 40,000/- ( Rupees forty thousand only) with two sureties for the like sum each.

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(ii). He shall not threaten, coerce or intimidate the defacto complainant or his witnesses.

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(iii). He shall appear before the Investigating officer as and when called for and co-operate with the investigation.

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Bail application is allowed.

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Sd/-

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SUNIL THOMAS, JUDGE.

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/true copy/

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P. A. to Judge

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Vishnu A.T v. State of Kerala

Case brief

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Vishnu A.T v. State of Kerala

Case brief

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