Allowed

Sharon v. State of Kerala

Kerala HC2 Feb 2018Bail Appl./8035/2017

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to two accused filed under Section 438 CrPC. The petitioners were charged with criminal trespass, mischief, and threats in a dispute with their neighbors. The court held custodial interrogation unnecessary as no apprehension of fleeing justice existed.

What did the court decide?

Petition allowed; petitioners released on bail on executing a bond of Rs. 50,000 with two sureties of the like amount, subject to conditions regarding appearance, witness influence, and state residenc

Sharon 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 R. NARAYANA PISHARADI

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FRIDAY, THE 2ND DAY OF FEBRUARY 2018 / 13TH MAGHA, 1939

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Bail Appl..No. 8035 of 2017

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AGAINST THE ORDER IN CRMC 939/2017 of D.C.& SESSIONS COURT,MANJERI DATED 14-08-2017

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CRIME NO. 139/2017 OF VAZHAKKAD POLICE STATION , MALAPPURAM

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PETITIONER(S)/ACCUSED NO 5 & 6

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1 SHARON

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AGED 25 YEARS, S/O. SHANMUGHAN, THAMARATH HOUSE, PUTHUKODE, MALAPPURAM

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2 ABHIJITH P.T

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AGED 25 YEARS, S/O. ASOKAN, THELATHODI PUTHUKODE,MALAPPURAM

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BY ADVS.SRI.S.RAJEEV

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SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE

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RESPONDENT(S)/STATE:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031 (CRIME NO 139/2017 OF VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT)

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2. STATION HOUSE OFFICER VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT 673 640 (CRIME NO 139/2017 OF VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT)

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R BY PUBLIC PROSECUTOR SRI.C.K.PRASAD

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R. NARAYANA PISHARADI, J.

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===================== B.A No.8035 of 2017

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========================== Dated this the 02^nd day of February, 2018

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ORDER

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This is an application for anticipatory bail filed

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under section 438 of the Code of Criminal Procedure.

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The petitioners are the fifth and the sixth

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accused in the case registered as Crime No.139/2017 of Vazhakkad Police Station under Sections 143, 147, 148, 452,

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354, 427 and 506 r/w 149 I.P.C.

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The prosecution case is that on 14.06.2017, at

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about 01.00 hours, the petitioners along with the other accused criminally trespassed into the house of the defacto complainant and they committed mischief by destroying the furniture therein and that they threatened the defacto complainant that they would kill him and the members of his family.

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B.A No.8035 of 2017

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I have heard the learned Counsel for the

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petitioners and the learned Public Prosecutor and perused the Case Diary.

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On a perusal of the First Information Statement given to the police by the defacto complainant, it is seen that there is no allegation against the petitioners that they committed any act of assault on any woman attracting the offence punishable under Section 354 I.P.C. The petitioners are said to be the neighbours of the defacto complainant. It is true that they have allegedly created an atmosphere of terror, fear and horror by trespassing into his house during night carrying with them deadly weapons and that they committed mischief. However, considering the facts and circumstances, I am of the view that custodial interrogation of the petitioners is not necessary to have an effective investigation in the case. The prosecution has also no apprehension that on getting bail, the petitioners would flee from justice. In these circumstances,

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I find that the discretion of the Court can be exercised in

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B.A No.8035 of 2017

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favour of the petitioners to grant them pre-arrest bail.

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In the result, the petition is allowed and it is

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ordered as follows:

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The petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties each of the like amount in the event of their arrest by the police in Crime No.139/2017 of Vazhakkad Police Station.

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The petitioners shall appear before the Investigating Officer between 09 a.m and 11 a.m on all Mondays and Thursdays for a period of two months after being released on bail.

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The petitioners shall not in any manner influence or intimidate the prosecution witnesses, including the defacto complainant. They will not make any attempt to tamper with the evidence in the case.

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The petitioners shall not leave the State of Kerala

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without the prior permission of the jurisdictional court

B.A No.8035 of 2017

concerned.

The petitioners shall appear before the

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Investigating Officer as and when directed in writing to do so.

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Sd/-

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R. NARAYANA PISHARADI JUDGE

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SB/02/02/2018

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// true copy //

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P.A to Judge

Sharon v. State of Kerala

Case brief

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Sharon v. State of Kerala

Case brief

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