Allowed

Antony Manuel Amaresh @ Jeny v. State of Kerala

Kerala HC21 Oct 2016Bail Appl./7439/2016

Case brief

AI extract

What is this about?

This bail application was allowed by the High Court of Kerala. The court granted bail to the accused, considering the major part of the investigation was complete, the petitioner was a first-time offender, and the period of detention.

What did the court decide?

Petitioner enlarged on bail on condition of executing a bond for Rs.20,000/- with two solvent sureties subject to specific conditions.

Antony Manuel Amaresh @ Jeny 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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FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938

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Bail Appl.No. 7439 of 2016

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CRIME NO. 1095/2016 OF HARBOUR POLICE STATION, ERNAKULAM

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PETITIONER(S)/ACCUSED:

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ANTONY MANUEL AMARESH @ JENY, AGED 32 YEARS, S/O. LATE STANLY AMARESH, VALIYAMARATHINKAL, VATHURUTHY, MALAYAPURI P.O., KOCHI- 682 029.

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BY ADV. SRI.P.ANOOP (MULAVANA)

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN- 682 031.

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BY PUBLIC PROSECUTOR SRI.C.K.PRASAD

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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B.SUDHEENDRA KUMAR, J

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B.A.No.7439 of 2016

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Dated this the 21^st day of October, 2016

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O R D E R

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The petitioner is the accused in Crime No.1095/2016 of

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Harbour Police Station, registered for the offences under Sections 304, 323 and 294(b) read with Section 34 of IPC.

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The petitioner was arrested on 29.9.2016 and ever since he has been in custody.

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Heard.

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The learned Public Prosecutor has opposed the application. The case diary would show that the major part of the investigation is practically over. Petitioner is not involved in any other offence of similar nature. Considering the facts and circumstances of the case including the period of detention of the petitioner and the stage of investigation and also taking into consideration of the fact that the petitioner is the first time offender, I am inclined to grant bail to the petitioner.

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In the result, this application stands allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for Rs.20,000/- (Rupees Twenty

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B.A.No.7439 of 2016

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Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional Magistrate and subject to the following further conditions:-

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(1) The petitioner shall report before the investigating officer on every Monday between 9 am and 11 am for six months or till the filing of the final report, whichever is earlier.

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(2) The petitioner shall not enter into the jurisdiction of

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Harbour Police Station, Kochi for three months without the leave of the learned Magistrate except for the purpose of reporting before the Investigating Officer as directed above.

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(3) The petitioner shall not intimidate or influence the

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witnesses or in any way tamper with the investigation.

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(3) The petitioner shall not get involved in any other offence of similar nature during the pendency of this case.

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Needless to say that if the petitioner violates any of

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the conditions as directed above, the learned Magistrate shall be at liberty to cancel the bail in accordance with law without

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any reference to this Court as held by the Apex Court in P.K. Shaji v. State of Kerala [AIR 2006 SC 100].