Allowed

K.P. Preejith v. State of Kerala

Kerala HC13 Jun 2018Bail Appl./2118/2018

Case brief

AI extract

What is this about?

This bail application was allowed as default bail under Section 167(2)(a)(i) Cr.P.C. because over 90 days elapsed from remand without a final report. The court released the applicant on bond with conditions to appear weekly, not contact witnesses/victims, and surrender passport.

What did the court decide?

Release on bail executed by a bond of Rs.50,000 with two sureties each for Rs.50,000, subject to specific conditions regarding appearance, contact with witnesses/victim, and passport surrender.

K.P. Preejith Vs State of Kerala — Bail and Remand | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940

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Bail Appl..No. 2118 of 2018

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CRIME NO. 26/2018 OF KAKKUR POLICE STATION , KOZHIKODE

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PETITIONER(S)

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K.P. PREEJITH, 31 YEARS, S/O. GOKULDAS, ELECTRONIC TECHNICIAN, HAILING FROM, KUTTIPURATH HOUSE, MARAKKAT NILAM, P.O. ERANJIKKAL, MOKAVOOR, KOZHIKODE, PIN-673303, NOW CARE OF HIS LAWYER, ADV. BIJU JOSEPH KURIACHAN, M/S. MANJERI ASSOCIATES, ANNIE HALL, CALICUT, PIN-673002.

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BY ADVS.SRI.MANJERI SUNDERRAJ SRI.A.SANOOJ

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RESPONDENT(S):

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1. THE STATE OF KERALA, REP. BY SHO, KAKKOOR POLICE STATION, KAKKUR P.O., KOZHIKODE, PIN-673613.

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2. THE DY. S. P. OF POLICE, THAMARASSERI, KOZHIKODE, TAMARACHERY, PIN-673573.

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3. CHANDRAN K., AGED 63/18 (DE FACTO COMPLAINANT), S/O. LATE. KORAN, CHAITHANYA HOUSE, KUTTIPURATH HOUSE, CHELANNUR S.O., KOZHIKODE, PIN-673616.

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R BY PUBLIC PROSECUTOR SRI.AMJAD ALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V, J

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B.A No.2118 of 2018

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Dated this the 13^th day of June, 2018

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ORDER

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1.This application is filed under Section 439 of the Code of Criminal Procedure.

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2.The applicant herein is the accused in Crime No.26 of 2018 of Kakkoor Police Station. The aforesaid crime was initially registered under Sec.174 of the Cr.P.C. Later, Sec.174 of the Cr.P.C was deleted and Secs.406, 306, 304B were added.

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3.The learned counsel appearing for the applicant submitted that the applicant was remanded on 13.3.2018 and though 90 days had elapsed, final report has not been laid. According to the learned counsel, the applicant has an indefeasible right to be released on default bail.

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4.The learned Public Prosecutor does not controvert the said submission.

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5.It appears that more than 90 days have elapsed from the date of remand of the applicant. The final report has not been laid till date. Section 167 (2)(a)(i) of Cr.P.C. would squarely apply and the applicant herein is entitled to default

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B.A No.2118 of 2018

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bail.

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6.In the result, this application will stand allowed. However, it

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shall be subject to the following conditions.

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

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b) The applicant shall appear before the Investigating Officer on all Saturdays between 9 AM and 11 AM, for 2 months or till final report is filed, whichever is earlier.

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c)The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. The applicant shall not make any effort to contact the victim or her family members.

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d)The applicant shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the trial court at the appropriate stage.

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e) The applicant shall not commit any offence while he is on bail.

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In case of violation of any of the above conditions, the

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jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate

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B.A No.2118 of 2018

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orders in accordance with the law.

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Sd/RAJA VIJAYARAGHAVAN V,

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JUDGE

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//TRUE COPY// P.A TO JUDGE

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K.P. Preejith v. State of Kerala

Case brief

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K.P. Preejith v. State of Kerala

Case brief

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