Allowed

Sudarshanan v. State of Kerala

Kerala HC9 Apr 2018Bail Appl./2449/2018

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the petitioner, the first accused in a criminal case involving offences under the Indian Penal Code and the PDPP Act. The petitioner was accused of obstructing police and causing damage to a police vehicle.

What did the court decide?

Anticipatory bail granted on conditions including appearance before IO, non-interference with witnesses, and depositing Rs. 15,000 towards damages.

Sudarshanan Vs State of Kerala — Cheque Dishonour | 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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MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940

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Bail Appl..No. 2449 of 2018

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CRIME NO. 651/2018 OF KUNDARA POLICE STATION , KOLLAM

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PETITIONER(S)/ACCUSED:-

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V. SUDARSHANAN, AGED 54 YEARS,S/O.VIJAYAN, DARSANAM, PULIYILACHERRY, PALLIMON VILLAGE, NALLILA.P.O, KOLLAM DISTRICT.

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BY ADV.SRI.M.T.SURESHKUMAR

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RESPONDENT(S)/COMPLAINANT:

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

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R BY PUBLIC PROSECUTOR:SRI AMJAD ALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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=================

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B.A.No.2449 of 2018

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=================

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Dated this the 9^th day of April, 2018

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ORDER

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Petitioner herein stands arrayed as the first accused in Crime No.651 of 2018 of Kundra Police Station for offences punishable under sections 143, 147, 148, 341, 294(b), 353, 332, 308, 427 r/w 149 of the Indian Penal Code and section 3(2)(e) of the PDPP Act.

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It was alleged by the prosecution that, on 23.03.2018, at about 6.30p.m., petitioner herein along with others obstructed the police and caused damage to the vehicle of the police department. Crime was registered and investigation is progressing. Petitioner herein, apprehending arrest, has approached this Court seeking bail.

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Opposing the application, learned Public Prosecutor submitted that the petitioner herein is mentioned by name in the FIS and the vehicles of the police department were damaged. The damages were quantified at Rs.1,00,000/-. It appears that the petitioner herein is not involved in any other crime. He seems to be the office bearer of the temple, wherein, the incident took place.

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B.A.2449/18

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Having considered this, I do not feel that custodial interrogation of the petitioner herein is warranted and he can be granted anticipatory bail on the following conditions.

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(i) Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.

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(ii) He shall appear before the

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Investigating Officer as and when required for interrogation.

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(iii) He shall not threaten, coerce or intimidate the de facto complainant or his witnesses.

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(iv) He shall also deposit a sum of Rs.15,000/- (Rupees fifteen thousand only) towards the portion of the damages yet to be assessed before the trial court. It is made clear that, this amount will be disbursed by the court below at the end of trial.

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The anticipatory bail application is allowed as above.

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Sd/-

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SUNIL THOMAS Judge

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Sbna/9/4/18

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True Copy / P A to Judge

Sudarshanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sudarshanan 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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Parties & counsel

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