Allowed

Sunil v. State of Kerala

Kerala HC27 Nov 2018Bail Appl./5685/2018

Case brief

AI extract

What is this about?

P勿itioner accused under IPC Sections 341, 294(b), 324, 308 read with 34 and Arms Act Section 27 alleged to inflict a deep lacerated wound on the complainant. The High Court of Kerala allowed bail subject to appearing before the investigation officer and not intimidating witnesses.

What did the court decide?

Bail allowed subject to appearance before investigation officer within ten days, weekly attendance, and not threatening complainant or witnesses.

Sunil Vs State of Kerala — Domestic Violence | 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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TUESDAY ,THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940

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Bail Appl..No. 5685 of 2018

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AGAINST THE ORDER/JUDGMENT IN CRMC 1142/2018 of SESSIONS COURT, KOLLAM DATED 02-08-2018

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CRIME NO.626/18 OF ANCHALUMOODU POLICE STATION, KOLLAM DISTRICT

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PETITIONER/ACCUSED NO.2:

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SUNIL AGED 36 YEARS CHIRAKAROTTVEEDU, NEAR VADAKECHIRA THYKAVU, KUREEPUZHA CHERRY, THRIKKADAVOOR VILLAGE -691001

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BY ADV. SRI.M.RAJESH

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION KOLLAM DISTRICT) PIN-691 001

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BY ADV. PUBLIC PROSECUTOR

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OTHER PRESENT:

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.A.5685/18

ORDER

Petitioner herein is arrayed as the second accused in Crime No.626 of Anchalummoodu Police Station for offences punishable under sections 341, 294(b), 324 and 308 r/w 34 of the Indian Penal Code and section 27 of the Arms Act.

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According to the prosecution, due to political enmity, on 31.05.2018 at 9 a.m., accused persons unlawfully assembled and attacked the defacto complainant and his friends. Apprehending arrest, petitioner seeks bail.

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It appears that the petitioner herein inflicted deep lacerated wound 6x3 cm on the vertex of the defacto complainant. It is also seen that the petitioner herein is not involved in any other case. Even in the present case, no specific overt act is attributed to the petitioner herein. However, he is reported to be involved in one another case under section 324 IPC. Having considered these facts, I feel that, custodial interrogation of the petitioner herein is not absolutely essential and bail can be granted to the petitioner herein subject to the following conditions.

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

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B.A.5685/18

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for the like sum each.

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(ii) He shall appear before the investigating officer on all Wednesdays between 9 am and 10 am for the period of two months, from the date of execution of the bond.

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

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(iv) He shall not get involved in any other identical offence.

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Anticipatory bail application is allowed as above.

Sd/-

SUNIL THOMAS

JUDGE

Sbna/

Sunil v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sunil v. State of Kerala

Case brief

What is this about?

What did the court decide?

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