Allowed

G.Sudheerbabu v. State of Kerala

Kerala HC5 Oct 2016Bail Appl./6746/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail to three petitioners accused of abusing and attacking a coordinator during a Grama Sabha under Sections 294(b), 323, 341, 353 and 35 IPC. The application under Section 438 Cr.P.C. was granted subject to a bond and reporting conditions, noting the prosecution's lack of serious objection.

What did the court decide?

Bail allowed on bond of Rs. 30,000 with two solvent sureties, reporting to investigating officer, and conditions against interfering with witnesses or committing further offences.

G.Sudheerbabu 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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WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938

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Bail Appl..No. 6746 of 2016 ---------------------------

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CRIME NO. 2126/2016 OF KUNDARA POLICE STATION , KOLLAM

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PETITIONER(S):

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1. G.SUDHEERBABU, AGED 45 YEARS, S/O GOPINATHAN PILLAI, SUDEER SADANAM, PERUMPUZHA P.O, ELAMPALLOOR, KUNDARA 691 504, KOLLAM DISTRICT.

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2. G. GIREESH KUMAR, AGED 35 YEARS, S/O GOPINATHAN, SHALU MANDIRAM, PERUMPUZHA P.O, ELAMPALLOOR, KUNDARA - 691 504, KOLLAM DISTRICT.

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3. RATHEESH.R, AGED 31 YEARS, S/O RAJENDRA BABU, PANAVILA THEKKETHIL, PERUMPUZHA P.O, ELAMPALLOOR, KUNDARA - 691 504, KOLLAM DISTRICT.

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BY ADV. SRI.K.T.THOMAS

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RESPONDENT(S):

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

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BY PUBLIC PROSECUTOR SRI.SAJJU. S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J

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B.A.No.6746 of 2016

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Dated this the 5^th day of October, 2016

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O R D E R

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The petitioners are accused in Crime No.2126/2016 of Kundara Police Station, registered under Sections 294(b), 323, 341 and 353 IPC read with Section 34 IPC.

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The prosecution allegation is that on 04.09.2016 at 4 pm, there was a meeting of the Grama Sabha, in M.G.U.P.School, Perumpuzha, under the leadership of the defacto complainant and the co-ordinator. At that time, the petitioners abused the defacto complainant and the coordinator. The petitioners also attacked the co-ordinator and thereby obstructed him from doing his official duty.

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The petitioners have filed this application under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has no serious objection in allowing this application. It appears that the 1^st petitioner is the reporter of 'Janmabhoomi' newspaper at Kundara and Chathannoor area and the licencee of Asianet Communications

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B.A.No.6746 of 2016

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Ltd. The 1^st petitioner was also a member of the Elampalloor Grama Panchayath during the period 2005-2010. The petitioners are not involved in any other offence of similar nature, submitted by the learned Public Prosecutor. Considering the facts and circumstances of the case, I am inclined to allow this application.

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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.2126/2016 of Kundara Police Station, on condition of each of the petitioners executing a bond for Rs.30,000/- each (Rupees Thirty Thousand only) with two solvent sureties each, each for the like sum to the satisfaction of the Station House Officer, Kundara Police Station, before whom the petitioners shall surrender within ten days, if not arrested in the mean time and subject to the following further conditions:-

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(1) The petitioners shall report before the investigating officer on every Saturday between 9 am and 11 am for three months and thereafter as and when required by the investigating officer, in writing to do so.

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(2) The petitioners shall not intimidate or influence the

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B.A.No.6746 of 2016

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witnesses or in any way tamper with the investigation.

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(3) The petitioners shall not get involved in any other

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offence of similar nature, while on bail.

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Sd/-

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B.SUDHEENDRA KUMAR, JUDGE

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// True Copy // P.A. to Judge

G.Sudheerbabu v. State of Kerala

Case brief

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G.Sudheerbabu v. State of Kerala

Case brief

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