Allowed

Bineesh v. State of Kerala

Kerala HC5 Jan 2016Bail Appl./8474/2015

Case brief

AI extract

What is this about?

The Kerala High Court granted bail to the 1st accused in a case involving affray, voluntarily causing grievous hurt, and attempt to murder. The court imposed strict conditions including appearance before the Investigation Officer and a bond with sureties due to the serious nature of allegations and arrest date.

What did the court decide?

Bail granted subject to conditions: bond of 60,000 with two sureties, appearance before IO, and prohibition to enter Sessions division or threaten witnesses.

Bineesh 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 SUNIL THOMAS

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TUESDAY, THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937

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Bail Appl..No. 8474 of 2015 ()

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CRIME NO. 1654/2015 OF VAIKOM POLICE STATION, KOTTAYAM DISTRICT.

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PETITIONER/1ST ACCUSED:

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BINEESH, AGED 32 YEARS, S/O. NARAYANAN, THAICHIRA VEEDU, THAIKKATTUSSERI P.O., CHERTHALA, ALAPPUZHA-688 528.

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BY ADVS.SRI.DIPU.R, SRI.SANAL P.RAJ.

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RESPONDENTS/COMPLAINANT & STATE:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGHC COURT OF KERALA, ERNAKULAM, PIN-682 031.

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2. STATION HOUSE OFFICER, VAIKOM POLICE STATION, VAIKOM, KOTTAYAM-686 141.

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BY PUBLIC PROSECUTOR SMT.R. REMA.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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SUNIL THOMAS, J.

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B. A. No. 8474 of 2015

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Dated this the 5^th day of January, 2016

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O R D E R

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The petitioner is the 1^st accused in Crime No.1654/2015 of Vaikom Police Station for offences punishable under Sections 143, 147, 148, 324, 452, 326, 307, 427 read with Section 149 IPC.

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The allegation of the prosecution is that, due to a

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previous enmity which the 2^nd accused had against the defacto complainant and her family members, the petitioner along with 5 other persons trespassed into the house of the defacto complainant on 19.09.2015 at 10.30 p.m. and attacked her. It is alleged that the 3^rd accused caught hold of her and the 1^st accused had used an iron rod to cause injury on her head and other parts of her body. She was rushed to the hospital and thereafter crime was registered. The petitioner was arrested on 20.11.2015 and is in custody since then.

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Heard and examined the records.

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The learned Public Prosecutor on instructions

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submitted that the other accused have not been arrested and considering the serious nature of the allegations against the

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B. A. No. 8474 of 2015

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petitioner, she opposed the bail application.

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However, it is pertinent to note that the accused is not involved in any other case. Though there is an injury on the head as such there is no head injury. Two fractures are on the ulna and also the middle finger. The weapon used has also been recorded. Having regard to the fact that the accused has been in custody since 20.11.2015, I am inclined to grant bail, subject to the following strict conditions:

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(i) The petitioner shall execute a bond for a sum of 60,000/- (Rupees sixty thousand only)₹ with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) The petitioner shall appear before the Investigation Officer on all Wednesdays between 10.00 am and 11.00 am for a period of two months from the date of his release or till filing of the final charge which ever is earlier.

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(iii) Except for the compliance of condition No.2, he shall not enter the Sessions division of

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B. A. No. 8474 of 2015

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Kottayam for a period of two months from the date of execution of the bond.

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(iv) He shall not threaten, coerce or intimidate

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the defecto complainant and the witnesses.

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Sd/-

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SUNIL THOMAS, JUDGE.

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/true copy/

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P. A. to Judge

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Bineesh v. State of Kerala

Case brief

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What did the court decide?

Bineesh v. State of Kerala

Case brief

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What did the court decide?

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