In this bail application, the High Court of Kerala, granting anticipatory bail to the seventh accused in a criminal case involving offences under various sections of the IPC where no weapon was used.
Petitioner released on anticipatory bail by executing a bond of Rs. 30,000 with two solvent sureties and complying with reporting conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 6TH DAY OF OCTOBER 2016/14TH ASWINA, 1938
Bail Appl..No. 6948 of 2016
CRIME NO. 640/2016 OF PANGODE POLICE STATION , THIRUVANANTHAPURAM DISTRICT
PETITIONER(S)/7TH ACCUSED :
SAJEEV, S/O.GOPALAN,
AGED 37 YEARS, SHAM VILASAM, CHEMPARATHIMUKKU, NAGAROOR P.O., PANGODE, THIRUVANANTHAPURAM.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT(S)/STATE & COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. THE SUB INSPECTOR OF POLICE, PANGODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 001.
BY PUBLIC PROSECUTOR SRI. SAJJU.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
B.SUDHEENDRA KUMAR, J.
==========================================
B.A.No.6948 of 2016
========================================== Dated this the 6th day of October, 2016
ORDER
The petitioner is the 7th accused in Crime No.640 of 2016
of Pangode Police Station registered for the offences under Sections 143, 147, 294(b), 323, 324 and 308 read with Section 149 of the Indian Penal Code.
Section 438 Cr.P.C.
objection in allowing the application. It has been submitted by the learned Public Prosecutor that the petitioner is not involved in any other offence of similar nature. The seventh accused did not use any weapon to inflict any injury on the defacto complainant or his son. Considering the facts and circumstances of the case, I am inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioner.
In the result, this application stands allowed, and the respondents are directed to release the petitioner on bail in the event
B.A.No.6948 of 2016 2
of his arrest in connection with Crime No.640 of 2016 of Pangode Police Station on condition of the petitioner executing a bond for Rs.30,000/- (Rupees Thirty Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the second respondent, before whom the petitioner shall surrender within ten days from today, if not arrested in the meantime, and subject to the following further conditions:-
i. The petitioner shall report before the
Investigating Officer on every Monday between 9.00 a.m. and 11.00 a.m. for three months, and thereafter as and when required by the Investigating Officer for interrogation.
ii. The petitioner shall not intimidate or influence
the witnesses or in any way tamper with the investigation.
iii. The petitioner shall not get involved in any
other offence of similar nature while on bail.
Sd/-
B.SUDHEENDRA KUMAR,
JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether anticipatory bail should be granted to the seventh accused under Section 438 Cr.P.C.
2 provisions across 2 enactments
SAJEEV
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
