Allowed

Balu Pradeep v. State of Kerala

Kerala HC21 Nov 2018Bail Appl./757/2018

Case brief

AI extract

What is this about?

Bail application filed under section 353 IPC. Accused arrested for obstructing police and assaulting SHO during church law–and–order issue. Court found custodial interrogation not essential as case rests on oral evidence. Bail granted subject to conditions including appearance, non–re‑offending, and non–intimidation.

What did the court decide?

Bail granted subject to bond for Rs.40,000 with two sureties, appearance before investigating officer, periodic reporting, and undertakings against intimidation and further offences.

Balu Pradeep 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 SUNIL THOMAS

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WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940

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Bail Appl..No. 757 of 2018

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PETITIONER/ACCUSED:

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BALU PRADEEP AGED 22 YEARS, VAZHAKKAPPILLY HOUSE, EDAPALLY NORTH, KOCHI -24.

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BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THEPUBLIC PROSECUTOR,HIGH COURT OF KERALA,KOCHI -31.

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2 THE SUB INSPECTOR OF POLICE CHERANELLOOR POLICE STATION,PIN - 682 034.

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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 21.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.A.757/18

ORDER

Petitioner herein stands arrayed as an accused for offence punishable under section 353 of the Indian Penal Code.

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The allegation of the prosecution is that, on getting information regarding the law and order issue in a Church on 28.01.2018 at 9 a.m., SHO along with the police party proceeded to the spot. Petitioner herein obstructed them and questioned the authority of the police. When he tried to push the police, it was obstructed by the defacto complainant, SHO. Petitioner allegedly pushed him by neck and hit on his face. This was resisted. Crime was registered and apprehending arrest, petitioner seeks bail.

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Learned Public Prosecutor, on instructions, submitted that the petitioner herein is involved in six other crimes. The contention of the learned counsel for the petitioner is that, petitioner was a student leader and as such, there are some disputes between student organization, which led to crimes involving minor offences. Having regard to the nature of allegations in the present case, though it does not appear to be a justifiable conduct, I feel that, custodial interrogation may not be essential. Essentially, the allegation is to be established by the oral testimony of the eye witnesses. Having considered it, I am inclined to grant bail to the

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B.A.757/18

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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 for the like sum each.

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(ii) He shall appear before the investigating officer on all Mondays and Fridays between 9 am and 10 am for a period of two months from the date of release.

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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 offence, involvement of which will entail the cancellation of this bail. Anticipatory bail application is allowed as above.

Sd/-

SUNIL THOMAS

JUDGE

Sbna/

Balu Pradeep v. State of Kerala

Case brief

What is this about?

What did the court decide?

Balu Pradeep v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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