Allowed

Vikas V.V. v. State of Kerala

Kerala HC6 Jun 2018Bail Appl./3334/2018

Case brief

AI extract

What is this about?

Petitioner filed a bail application under Cr.P.C. sec. 439 in a murder case. The High Court allowed bail as the final report was filed, though it imposed strict conditions regarding witness protection and territorial jurisdiction.

What did the court decide?

Petitioner released on bail with two sureties; stringency of conditions imposed to prevent witness intimidation and evidence tampering.

Vikas V.V. 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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PRESENT:

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THE HONOURABLE MR. JUSTICE A.M.BABU

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WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940

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Bail Appl..No. 3334 of 2018

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CMP 950/2018 of J.M.F.C,KOYILANDY DATED 16-03-2018 Bail Appl. 2766/2018 of HIGH COURT OF KERALA DATED 24-04-2018

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CRIME NO. 175/2018 OF KOYILANDY POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED

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VIKAS V.V.

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S/O. DIVAKARAN, AGED 36 YEARS, RESIDING AT VELIVALAPPIL HOUSE, CHERIYAMANGADU, KOYILANDY, KOZHIKODE DISTRICT.

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BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT/STATE:

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THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, KOYILANDY POLICE STATION,KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, KOCHI - 682 031.

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BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-062018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.M.BABU, J.

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- - - - B.A.3334 of 2018 - - - - - - - - - - - - Dated : 6^th June, 2018

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ORDER

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1.Petitioner seeks bail under Sec.439 of Cr.P.C. He is the accused in crime No.175/2018 of Koyilandi police station. The offences alleged against him are those punishable under Secs 302, 323, 325, 341 and 354 of IPC.

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The prosecution case goes as follows : The incident was at 6.00 pm on 13.3.2018. The petitioner wrongfully restrained the father of the 1^st informant when herself and her father were on the way to a temple. The father of the 1^st informant was assaulted by the petitioner by beating and kicking. The former died in the hospital two days after the incident.

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3.Heard Sri.T.Madhu and Smt.Rekha C.Nair, the learned counsel for the petitioner and the learned public prosecutor respectively.

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BA.3334/18

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This is the second application filed by the petitioner for bail. The earlier one was B.A.No.2766/2018. That application was dismissed on 24.4.2018. It was dismissed holding that the petitioner was not entitled to go on bail at the stage of investigation at which the same was filed. There has been a change of circumstance inasmuch as the final report under Sec.173(2) of Cr.P.C has been filed. The learned public prosecutor tells me that the charge-sheet was filed on 4.6.2018. As the charge-sheet has been filed, I find no reason to keep the petitioner in custody any more. The learned public prosecutor submits that there is every possibility of the petitioner threatening the 1^st informant. It is also submitted that the friends of the petitioner have several times threatened the 1^st informant. The said anxiety of the learned public prosecutor will be taken care of while imposing conditions.

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The application is allowed. The petitioner shall be released on bail on his executing a bond for Rs 75,000/- (seventy five thousand only) with

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BA.3334/18

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two solvent sureties each for the like sum to the satisfaction of the court concerned. The petitioner shall not intimidate or attempt to influence witnesses. Nor shall he destroy or tamper with evidence. The petitioner shall not enter the Koyinlandi taluk until further orders except for appearing in any court of law or for complying with the direction of any court or any other competent authority. The court concerned is hereby empowered to cancel the bail in the event of violation of any of the conditions mentioned above.

Sd/-

A.M.BABU

Judge

Mrcs/6.6.

/True copy/

P.S.To Judge

Vikas V.V. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vikas V.V. 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

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