Allowed

Francis v. State of Kerala

Kerala HC3 Oct 2016Bail Appl./6889/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail under Section 438 Cr.P.C. to Francis, the 33rd accused in a rioting case, following the oblique relief granted to 20 others in the same case, subject to standard conditions and a bond.

What did the court decide?

Petitioner released on bail on executing a bond for Rs.35,000 with two solvent sureties, subject to reporting to the Investigating Officer and not tampering with witnesses or committing offences.

Francis 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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MONDAY, THE 3RD DAY OF OCTOBER 2016/11TH ASWINA, 1938

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Bail Appl..No. 6889 of 2016 ()

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------------------------------CRIME NO. 619/2016 OF VIZHINJAM POLICE STATION , THIRUVANANTHAPURAM

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PETITIONER/ACCUSED NO.33::

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FRANCIS AGED 47 YEARS, S/O.PEETHIRI, FEENA HOUSE, ADMALITHARA, CHOWORA P.O., BALARAMAPURAM VIA. 695050.

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BY ADV. SRI.BIJU .C. ABRAHAM

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR, SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-102016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

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Bail Application No.6889 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 petitioner is the 33^rd accused in Crime

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No.619/2016 of Vizhinjam Police Station registered under

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Sections 143, 147, 148, 149, 294(b), 341, 323, 283, 354 and 353 I.P.C. and Section 39 read with Section 121 of the

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Kerala Police Act.

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The petitioner has filed this application praying

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for the relief under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has no serious

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objection in allowing the application. Twenty accused

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B.A.6889/2016

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: 2 :

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persons in this case had been granted relief under Section 438 Cr.P.C. by the court, as per order dated 11.7.2016 in B.A.No.4922 of 2016. The petitioner is also similarly placed. In the said circumstances, I am inclined to grant relief under Section 438 Cr.P.C. in favour of the petitioner as well.

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In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in connection with Crime No.619/2016 of Vizhinjam Police Station on condition of the petitioner executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer, Vizhinjam Police Station, before whom the petitioner shall

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B.A.6889/2016

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: 3 :

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surrender within 10 days, if not arrested in the meantime

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and subject to the following conditions:

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(i) The petitioner shall report before the Investigating Officer on every Saturday between 9.00 a.m. and 11.00 a.m. for three months.

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(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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(iii) The petitioner shall not get involved in any offence while on bail.

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sd/-

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B.SUDHEENDRA KUMAR, JUDGE

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dl/4.10.2016

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// True Copy //

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PA to Judge

Francis v. State of Kerala

Case brief

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Francis v. State of Kerala

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