Allowed

Sajeesh v. State of Kerala

Kerala HC16 Aug 2017Bail Appl./5694/2017

Case brief

AI extract

What is this about?

The High Court of Kerala granted regular bail to the petitioners, who were accused in a criminal case involving sections 143, 147, 148, and others, IPC. The court considered their lack of criminal antecedents and staged investigation before imposing bail bonds.

What did the court decide?

Petitioners released on bail on bond for Rs. 50,000 each with two solvent sureties each of equal amount.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶4

WEDNESDAY, THE 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939

¶5

Bail Appl..No. 5694 of 2017 -------------------------------

¶6

CRIME NO. 793/2017 OF KOYILANDY POLICE STATION , KOZHIKODE

¶7

PETITIONERS/ACCUSED NOS.6 & 7:

¶8

1. SAJEESH 29 YEARS, S/O.PADMANABHAN, KATTUKUTTIKUNI HOUSE, CHINGAPURAM.

¶9

2. SAHEER 37 YEARS, S/O.KUNHABDULLA, POOKADITHAZHA HOUSE, KADALUR, NANDI.

¶10

BY ADV. SMT.K.DEEPA (PAYYANUR)

¶11

RESPONDENTS/COMPLAINANT:

¶12

1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682031.

¶13

2. THE SUB INSPECTOR OF POLICE KOYILANDY POLICE STATION, PIN 673614.

¶14

R BY PUBLIC PROSECUTOR SMT. SREEJA

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 1608-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

SHIRCY V., J. ===========================

¶17

B.A.No.5694 of 2017

¶18

============================= Dated this the 16^th day of August, 2017

¶19

O R D E R

¶20

This is the second application for regular bail.

¶21

The petitioners are accused Nos.6 and 7 in Crime No. 793/2017 of Koyilandy Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 447, 354, 506 & 307 read with Section 149 of the Inian Penal Code.

¶22

The petitioners are in custody since 15.7.2017.

¶23

Heard the learned counsel for the petitioners as

¶24

well the learned Public Prosecutor.

¶25

It is submitted by the learned Public Prosecutor that the investigation of the case is only in progress and recovery of the material objects have not been effected. The other accused persons involved in the alleged crime are

BA 5694/2017

yet to be arrested.

But it is a fact that the petitioners are languishing in jail since 15.7.2017. No criminal antecedents have been reported against them. It is also to be noted that the investigation of the case is well in progress and these petitioners have never been taken in police custody, though they are in judicial custody for the last one month.

¶30

Having considered the nature of the accusations levelled against them, the period of detention undergone by the petitioners in custody and the present stage of investigation, I am inclined to release the petitioners on bail subject to the following conditions:

¶31

The petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court below.

¶32

They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

¶33

BA 5694/2017

¶34

¶35

They shall not intimidate or attempt to influence the

¶36

witnesses, nor shall they tamper with the evidence.

¶37

They shall not commit any offence while they are

¶38

on bail.

¶39

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in

accordance with law.

Sd/-

SHIRCY V. JUDGE

True copy

P.S. To Judge

Sajeesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sajeesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Faisal Salim Vs State of Kerala

Joseph Pathrose Vs State of Kerala

Roy Nath Vs State of Kerala

Shihabuddhin.K Vs State of Kerala

Shafi @ Kozhi Shafi Vs Abdul Salam

Santhosh Kumar Vs State of Kerala