Allowed

Suresh @ Kopra Suresh v. State of Kerala

Kerala HC15 Feb 2016Bail Appl./662/2016

Case brief

AI extract

What is this about?

Privileged bail application under Section 439 CrPC admitting that the petitioner aided others in executing a murder offence under Sections 302 r/w 34 IPC with previous enmity. Held: Bail granted subject to bond execution and attendance conditions.

What did the court decide?

Bail allowed with a bond for Rs.60,000/- by two sureties, weekly appearance to the Investigating Officer, and no interference in witnesses or further offences.

Suresh @ Kopra Suresh Vs State of Kerala — 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 SUNIL THOMAS

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MONDAY, THE 15TH DAY OF FEBRUARY 2016/26TH MAGHA, 1937

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Bail Appl..No. 662 of 2016 ()

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CRIME NO. 1829/2015 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONER/A8:-

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SURESH @ KOPRA SURESH, AGED 38 YEARS, S/O. APPUKUTTAN, KALAVARAMBIL VEEDU, KOLLOOR, KANNAMOOLA, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM.

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BY ADV. SRI.SHAJIN S.HAMEED.

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RESPONDENT/STATE:-

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STATE OF KERALA, REPRESENTED THROUGH THE INSPECTOR OF POLICE, MEDICAL COLLEGE CIRCLE, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.C. RASHEED.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-02-2016, 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.662 OF 2016

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Dated this the 15^th day of February, 2016

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O R D E R

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The petitioner is the 8^th accused in Crime

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No.1829/2015 of Medical College Police Station for the offence under Sections 115, 324, 341, 302, 212 r/w 34 of the Indian Penal Code.

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The prosecution alleged that, due to previous

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enmity, the accused Nos.1 to 4, abetted by the accused Nos.5 to 8, attacked the son of the defacto complainant on 13.12.2015 at about 7.45 pm and had caused his death

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using chopper and sword. The petitioner herein was arrested on 15.12.2015 and is in custody since then.

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Heard and examined the records.

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Even though, as per the present stage the

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petitioner is sought to be roped in with the aid of 34 of the Indian Penal Code, the main allegation against the petitioner herein is that he had aided the accused Nos.1 to 4, who had actually executed the offence under Section 302 of the Indian Penal Code to escape. It was submitted by the learned Public Prosecutor that the 9^th accused was

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B.A.NO.662 OF 2016 2

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granted bail by the Sessions Court. There is nothing to

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show that the petitioner herein was present at the time of commission of the offence under Section 302 of the Indian Penal Code or that he was in the vicinity at that time. Having regard to these facts, I am inclined to grant bail to the petitioner, who seems to be on the same footing as that of accused No.9, subject to the following conditions:-

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(a) The petitioner shall execute a bond for

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a sum of Rs.60,000/- (Rupees sixty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(b) He shall appear before the Investigating

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Officer on every Wednesday between 9 am

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and 10 am, till the final report is filed.

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(c) 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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(d) He shall not get involved in any other identical offences.

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B.A.NO.662 OF 2016

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The bail application is allowed as above.

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sd/- SUNIL THOMAS, JUDGE.

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R.AV

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//True Copy//

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PA to Judge

Suresh @ Kopra Suresh v. State of Kerala

Case brief

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Suresh @ Kopra Suresh v. State of Kerala

Case brief

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