Allowed

Dr.K.R.Unnikrishnan v. State of Kerala

Kerala HC23 Mar 2017Bail Appl./1149/2017

Case brief

AI extract

What is this about?

This bail petition sought anticipatory relief. The court observed that the dispute appeared civil and detention was unnecessary for investigation, leading to the granting of bail with strict conditions.

What did the court decide?

Petitioner released on bail with bond of Rs.50,000 after interrogation. Conditions imposed for appearance, passport surrender, non-influence of witnesses, and non-tampering of evidence.

Dr.K.R.Unnikrishnan 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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THURSDAY, THE 23RD DAY OF MARCH 2017/2ND CHAITHRA, 1939

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Bail Appl..No. 1149 of 2017

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CRIME NO. 35/2017 OF KOVALAM POLICE STATION, THIRUVANANTHAPURAM --------------

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PETITIONER/1ST ACCUSED:

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DR.K.R.UNNIKRISHNAN, AGED 45 YEARS, S/O.KAVIRAJAN, T.C.28/2729, KUNNUMPURAM, VANCHIYOOR P.O., THIRUVANANTHAPURAM

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BY ADVS.SRI.S.VINOD BHAT SRI.V.G.ARUN (K/795/2004) SMT.INDULEKHA JOSEPH SRI.NEERAJ NARAYAN

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031

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BY GOVERNMENT PLEADER SRI SUMAN CHAKRAVARTHEY

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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K.ABRAHAM MATHEW, J. --------------------------------------B.A.No.1149 of 2017

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Dated this the 23^rd day of March, 2017

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Petition filed under Section 438 Cr.P.C.

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The petitioner is the 1^st accused in Crime

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No.35/2017 of the Kovalam Police Station registered for the offences under Sections 379, 406, 427 and 447 IPC. The first informant is a person of Indian origin. Now he is a South Korean citizen. He has certain property adjoining the property of the petitioner. According to the prosecution the first informant entrusted the petitioner to look after his property. He also allowed the latter to park his vehicle in his property, which is evidenced by an agreement. According to the prosecution the petitioner trespassed into the property, destroyed the boundaries, cut open a new pathway through it, cut down certain trees and committed theft of its logs.

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The learned counsel submits that the allegations are false.

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Heard the learned counsel for the petitioner

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and the learned Public Prosecutor.

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B.A.No.1149 2017

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It appears that the dispute is essentially of a

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civil nature. Detention of the petitioner is not necessary for an effective investigation. So, I am inclined to grant his prayer.

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In the result, the application is allowed.

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The petitioner shall be released on bail after interrogation on his executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) if he is arrested by the investigating officer in connection with this case.

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He shall appear before the investigating officer

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for interrogation between 11 am and 12 noon on the 7^th and 14^th days after his release.

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He shall surrender his passport before the

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lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

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He shall not get himself involved in any other criminal case while he is on bail.

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He shall not intimidate or attempt to influence

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the witnesses.

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He shall not destroy or tamper with evidence.

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In case of violation of any of the above conditions,

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B.A.No.1149 2017

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the learned Magistrate is empowered to cancel the bail in accordance with the law. It is made clear that this order is not

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an impediment for the investigating officer to recover his stolen properties, if its conditions are satisfied.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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// True Copy //

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P.A. to Judge

Dr.K.R.Unnikrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr.K.R.Unnikrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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