Allowed

Mohanan v. State of Kerala

Kerala HC17 Feb 2017Bail Appl./1063/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application for accused persons charged with offences under sections 143, 147, 148, 506(ii), 324, 307 r/w 149 of IPC arising from a political feud involving assault and attempted murder.

What did the court decide?

Petitioners released on bail of Rs. 50,000/- each with two solvent sureties subject to conditions of appearance, non-influence of witnesses, passport surrender, no leave of state, and no other crimina

Mohanan Vs State of Kerala — Bail and Remand | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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FRIDAY, THE 17TH DAY OF FEBRUARY 2017/28TH MAGHA, 1938

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Bail Appl..No. 1063 of 2017 ()

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------------------------------CRIME NO. 8/2017 OF EZHUKONE POLICE STATION, KOLLAM DISTRICT

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PETITIONERS/ACCUSED 1 TO 3 AND 5:

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1. MOHANAN, S/O.DAMODHARAN, AGED 43 YEARS, VALUTHUNDIL THEKKATHIL VEEDU, NEAR MAGISTRATEMUKKU, EDAKKODU MURI, EZHUKONE VILLAGE, KOLLAM.

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2. VIKAS BABU @ ANIKUTTAN, S/O.VIDHYADHARAN, AGED 36 YEARS, THATTUVILA VEEDU, NEAR MAGISTRATEMUKKU, EDAKKODU MURI, EZHUKONE VILLAGE, KOLLAM.

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3. LAVAKUMAR, S/O.BALABHADRAN, AGED 45 YEARS, ANULAL BHAVAN, VAIRAMON, THRIPPALAZHIKOM, KAREEPRA, KOTTARAKKARA, KOLLAM.

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4. SANTHOSH KUMAR, S/O.DIVAKARAN, AGED 45 YEARS, PARAYIL VEEDU, NEAR POST OFFICE, THRIPPALAZHIKOM, KAREEPRA VILLAGE, KOTTARAKKARA, KOLLAM.

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BY ADV. SRI.B.MOHANLAL

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RESPONDENTS/COMPLAINANT & STATE:

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1. STATE, REP. BY THE STATION HOUSE OFFICER, EZHUKONE POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. THE CIRCLE INSPECTOR OF POLICE, EZHUKONE, EZHUKONE P.O., KOLLAM.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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K.ABRAHAM MATHEW J.

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B.A. No.1063 of 2017

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Dated this the 17^th day of February, 2017

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ORDER

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Petition filed under Section 439 Cr.P.C.

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Petitioners are the accused Nos.1,2,3, & 5 in Crime No. 8/2017 of Ezhukone Police station registered for the offences under Sections 143, 147, 148, 506(ii), 324, 307 r/w Section 149 of the Indian Penal Code. The prosecution case is that on account of political enmity they along with the co-accused armed with deadly weapons formed themselves into an unlawful assembly intimidated the victim and assaulted him with the weapons in an attempt to cause his death. Learned counsel submits that the allegations are false and the petitioner has been in custody for about 45 days.

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Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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The petitioners have been in custody since the 2^nd or 5^th January 2017.

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In the result, the Bail Application is allowed.

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Petitioners shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two

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B,A.No.1063/2017

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solvent sureties each for the like sum to the satisfaction of the lower court concerned.

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They shall appear before the Investigating Officer between 11 a.m and 12 noon on every 1^st and fourth Saturdays for four months or till the final report is filed, whichever is earlier.

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They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.

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They shall surrender their passports before the lower court concerned or if they do not have one, they shall file an affidavit to that effect within five days of their release.

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