Allowed

Bismon v. State of Kerala

Kerala HC18 May 2018Bail Appl./2410/2018

Case brief

AI extract

What is this about?

This is a bail application where the accused, Bismon K.S., faced charges under IPC Sections 341, 294(b), and 326 for causing a fracture. The single-judge High Court of Kerala granted anticipatory bail on May 18, 2018, imposing conditions to appear for interrogation and ensuring witness safety.

What did the court decide?

Anticipatory bail allowed subject to conditions of appearing for interrogation, bond execution with two sureties, and periodic court appearances.

Bismon Vs State of Kerala — Anticipatory Bail | Kerala HC (2018)

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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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FRIDAY, THE 18TH DAY OF MAY 2018 / 28TH VAISAKHA, 1940

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Bail Appl..No. 2410 of 2018

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CRIME NO. 900/2018 OF PERUMBAVOOR POLICE STATION,ERNAKULAM

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PETITIONER(S)/ACCUSED

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BISMON K.S, S/O.SAMUEL,AGED 38 YEARS,KAVALAKKAL HOUSE,VENGOLA, KUNNATHUNADU TALUK,ERNAKULAM DISTRICT.

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BY ADV.SRI.P.MOHAMED SABAH

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE,PERUMBAVOOR POLICE STATION,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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TS 19.05.2018

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SUNIL THOMAS, J.

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- - - - - - - - - - - - - - - - - - B.A.No.2410 of 2018

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Dated this the 18^th day of May, 2018

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O R D E R

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The petitioner herein stands arrayed as the sole accused in Crime No.900/2018 of Perumbavoor Police station for offences punishable under sections 341,294(b) and 326 IPC.

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Allegation of the prosecution is that , on 7/3/2018 at about 3.30 p.m., the petitioner assaulted the defacto complainant and caused fracture on his right eyebrow. Contention of the petitioner herein is that, he also sustained injury in the altercation and he did not commit any of the offence alleged against him.

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It seems that, there is nothing on record to show that the petitioner herein is involved in any other case. In this circumstance, I feel that custodial interrogation of the petitioner may not be absolutely essential and bail can be granted to the petitioner subject to the following conditions:

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(i). Petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation.

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BA No.2410/2018

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Thereafter, if he is proposed to be arrested, he shall be released on he executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two sureties for the like sum each.

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(ii). He shall not threaten, coerce or intimidate the defacto complainant and witnesses.

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iii). He shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 11 a.m. for a period of two months from the date of execution of bond. .

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v). He shall not get involved in any other offence.

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Anticipatory Bail Application is allowed.

Sd/-

SUNIL THOMAS

Judge

dpk

True Copy/ P S to Judge

Bismon v. State of Kerala

Case brief

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Bismon v. State of Kerala

Case brief

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