Allowed

Binu v. State of Kerala

Kerala HC6 Jan 2016Bail Appl./7881/2015

Case brief

AI extract

What is this about?

In WL appeal No. 7881 of 2015, the High Court of Kerala granted pre-arrest bail to three accused persons accused of theft-related offences against a toddy shop, citing insufficient material for custodial interrogation at that stage and imposing specific conditions.

What did the court decide?

Pre-arrest bail granted; petitioners to appear before IO within 10 days for interrogation; bond of ₹45,000 with two sureties; consent to not interfere with investigation.

Binu Vs State of Kerala — Cheating and Forgery | 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 SUNIL THOMAS

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WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937

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Bail Appl..No. 7881 of 2015

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CRIME NO.1486/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HARIPPAD.

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PETITIONERS/ACCUSED 1 TO 3:

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1. BINU, AGED 40 YEARS, S/O.SADANANDAN, BIJU BHAWANAM,

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VALLIKUNNAM.

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2. BIJU, AGED 42 YEARS, S/O.MADHAVAN,

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MURALISADANAM, PATHIYOOR WEST MURI,

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PATHIYOOR VILLAGE.

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3. MONISH KUMAR, AGED 42 YEARS, S/O.APPUKUTTAN, KOICKALITHU,

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KURICKADU SOUTH, KAYAMKULAM.

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BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN SRI.P.J.JOE PAUL

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RESPONDENTS/STATE AND COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA.

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2. SUB INSPECTOR OF POLICE,

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KAREELAKULANGARA POLICE STATION,

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ALAPPUZHA - 690 572.

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BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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SUNIL THOMAS, J.

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B. A. No. 7881 of 2015

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Dated this the 6^th day of January, 2016

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O R D E R

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The petitioners are the accused Nos.1 to 3 in Crime No. 1486/2015 for offences punishable under Sections 457, 500, 511 and 380 read with Section 34 IPC.

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The allegation of the defacto complainant is that, sometime in between 9.00 p.m. and 8.00 am of the intervening night of 06.10.2015 and 07.10.2015, the accused Nos.1 to 3 trespassed into the toddy shop of the defacto complainant and committed theft of toddy and adulterated the toddy with some material. On the next day, it was found that the outer lock of the toddy shop was broken, though the store room was found locked. On the basis of the complaint, crime was registered and the Police is investigating.

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Heard and examined the records.

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The FI statement is lodged only on 19.10.2015, though

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the incident allegedly happened on 06.10.2015. Even as per the FI statement, though apparently it appeared to be a case of trespass or attempt to commit theft and a discreet enquiry allegedly conducted by the defacto complainant themselves revealed that the act was done by accused Nos.1 to 3 to defame

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B. A. No. 7881 of 2015 2

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the defacto complainant. It appears that, it was based on an enquiry conducted by they themselves. On what material, they had reason to arrive at such conclusion, the reason for a previous enmity etc. are not brought on record. Complaint appears to be lodged on the basis of assumptions and their own conclusions.

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Hence I do not feel that, with this material on record, it may be essential to have a custodial interrogation of the petitioners. Hence they are entitled for pre-arrest bail as follows:

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(i) The petitioners shall appear before the Investigation Officer within 10 days from today and shall undergo interrogation. Thereafter if they are proposed to be arrested, they shall be released on bail, on they executing a bond for a sum of 45,000/-₹ (Rupee forty five thousand only) with two sureties each.

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(iii) They shall not threaten the defacto complainant, coerce or intimidate the witnesses and shall not in any manner interfere with the investigation.

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Sd/SUNIL THOMAS, JUDGE. /true copy/

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P. A. to Judge

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Binu v. State of Kerala

Case brief

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Binu v. State of Kerala

Case brief

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