The High Court of Kerala, Ernakulam, allowed a bail application filed under Section 438 Cr.P.C. by an accused facing charges of mischief, NSOs, and attempted murder, directing the State to execute a bond of Rs.30,000 with sureties.
Release of petitioner on bail in the event of arrest on condition of executing bond of Rs.30,000 with two sureties.
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
FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938
Bail Appl..No. 6972 of 2016
CRIME NO. 913/2016 OF VARAPPUZHA POLICE STATION, ERNAKULAM
PETITIONER(S)/ACCUSED NO.3:
AJAYAN, AGED 54 YEARS, S/O. ACHUTHAN, KALLIYATTU VEEDU, KARINGAMTHURUTH KARA, ALANGAD VILLAGE, PARAVUR TALUK.
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE
RESPONDENTS/STATE/COMPLAINANT:
1. STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. (CRIME NO. 913/2016 OF VARAPPUZHA POLICE STATION, ERNAKULAM DISTRICT).
2. STATION HOUSE OFFICER, VARAPPUZHA POLICE SATION, ERNAKULAM DISTRICT-683517. (CRIME NO. 913/2016 OF VARAPPUZHA POLICE STATION, ERNAKULAM DISTRICT).
BY PUBLIC PROSECUTOR SRI.SAJJU. S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
B.SUDHEENDRA KUMAR, J.
==========================================
B.A No.6972 of 2016
========================================== Dated this the 7th day of October, 2016
ORDER
The petitioner is the third accused in Crime No.913 of 2016
of Varappuzha Police Station registered for the offences under Sections 452, 323, 324, 354B, 506(ii), 427 and 393 read with Section 34 of the Indian Penal Code.
438 Cr.P.C.
objection in allowing the application. The first and the second accused have been already released on bail after their arrest and judicial detention. No overt act is alleged against the petitioner. The petitioner did not inflict any bodily injury on the injured persons. The learned Public Prosecutor has submitted that the petitioner is not involved in any other offence. Considering the facts and circumstances of the case, I am inclined to allow this application.
In the result, this application stands allowed, and the respondents are directed to release the petitioner on bail in the event of
B.A No.6972 of 2016 2
his arrest in connection with Crime No.913 of 2016 of Varappuzha 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 fifteen 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 Tuesday 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 the petitioners application for anticipatory bail under Section 438 Cr.P.C. should be allowed in light of the absence of serious objection from the Public Prosecutor and lack of allegation of
2 provisions across 2 enactments
Ajayan
State of Kerala, Rep. by Public Prosecutor
Station House Officer, Varappuzha Police Station
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
