Allowed

Shahinsad v. State of Kerala

Kerala HC3 Oct 2016Bail Appl./6881/2016

Case brief

AI extract

What is this about?

In this bail application, the High Court of Kerala at Ernakulam considered the grant of anticipatory bail under Section 438 Cr.P.C. to two accused charged with offenses under the IPC. Finding the case suitable, the court allowed the application and directed release on bond conditions.

What did the court decide?

Released on bail on execution of bond for Rs.30,000 each with two solvent sureties each.

Shahinsad Vs State of Kerala — Anticipatory Bail | 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 3RD DAY OF OCTOBER 2016/11TH ASWINA, 1938 Bail Appl..No. 6881 of 2016 ---------------------------

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CRIME NO. 712/2016 OF ELATHOOR POLICE STATION , KOZHIKODE

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PETITIONER(S)/ACCUSED 1 AND 2:

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1. SHAHINSAD.S, S/O. SADIK, SANA HOUSE, P.O. THALAKULATHOOR, ANDIKADU, KOZHIKODE DISTRICT. 2. SAINUL ABID T.P. S/O. MAODEEN, T.P. HOUSE, P.O. VENGALAM, KOYILANDY, KOZHIKODE DISTRICT.

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BY ADV. SRI.M.MUHAMMED SHAFI

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RESPONDENT(S)/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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

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B.SUDHEENDRA KUMAR, J

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B.A.No.6881 of 2016

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Dated this the 3^rd day of October, 2016

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O R D E R

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The petitioners are the accused in Crime No.712/2016 of

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Elathoor Police Station, registered under Sections 314(2), 323, 324, 506(ii) and 308 IPC read with Section 34 IPC.

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The prosecution allegation is that on 26.08.2016 at about 7.45 pm, the petitioners forcefully took the defacto complainant to the office room of the house of the defacto complainant and attacked him with iron rods causing injuries on him.

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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 defacto complainant wanted to marry the wife of

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the 1^st petitioner, which was stated to be the motive for the alleged incident, submitted by the learned Public Prosecutor and the learned counsel for the petitioners. The defacto complainant did not sustain any serious injury in the incident. The petitioners are not involved in any other offence of similar nature. Considering the facts and circumstances of the case, I

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B.A.No.6881 of 2016

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am of the view that this is a fit case where an order under Section 438 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.712/2016 of the Elathoor 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 Sub Inspector of Police, Elathoor 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 as and when required by the investigating officer for interrogation.

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(2) The petitioners shall not intimidate or influence the

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witnesses or in any way tamper with the investigation.

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Sd/-

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B.SUDHEENDRA KUMAR, JUDGE

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// True Copy //

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P.A. to Judge

Shahinsad v. State of Kerala

Case brief

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Shahinsad v. State of Kerala

Case brief

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