Allowed

Dinesan.K, v. the State of Kerala

Kerala HC6 Mar 2019Bail Appl./1248/2019

Case brief

AI extract

What is this about?

This judgment grants bail to an accused convicted of murder (IPC 302) who was found inebriated in a public place while on bail. The High Court observed no serious injury was caused and allowed a second chance, imposing strict conditions for appearance and non-interference with witnesses.

What did the court decide?

The applicant was granted bail on a bond of Rs. 50,000 with two solvent sureties, subject to strict conditions including weekly appearance, non-interference with witnesses, and no further offences.

Dinesan.K, Vs the State of Kerala — Bail and Remand | Kerala HC (2019)

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940

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Bail Appl..No. 1248 of 2019

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AGAINST THE ORDER/JUDGMENT IN CP 119/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, HOSDRUG

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CRIME NO. 495/2018 OF HOSDURG POLICE STATION, KASARAGOD

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PETITIONER/ACCUSED:

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DINESAN K., AGED 47 YEARS, S/O KUNHI KANNAN, KEESHPATTIL HOUSE, CHALAKKADAVU, MADIKAI VILLAGE, NOW AT M.A QUARTERS, NEAR IQBAL SCHOOL, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

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

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RESPONDENT/S:

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THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 018.

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BY SENIOR PUBLIC PROSECUTOR SRI.SAJJU S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA:1248 OF 2019

ORDER

This application is filed under Section 439 of the Cr.P.C.

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The applicant herein is the accused in Crime No.495 of 2018 of the Hosdurg Police Station registered under Section 302 of the IPC. He was granted bail by this Court by Annexure-A2 order dated 3.8.2018.

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While the applicant was on bail, he got involved in Crime No.797 of 2018 registered under Section 118(a) of the Kerala Police Act, 2011. In the said crime, the allegation is that he was found in a public place in an inebriated state and was not in a position to look after himself. In view of his involvement in a subsequent crime, his bail was cancelled by the learned Magistrate. He was arrested on 20.12.2018 and his application for bail has been dismissed.

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The learned counsel appearing for the applicant submitted that the incident of the nature alleged did not take place on 25.8.2018. The crime was registered to make it appear that the applicant had violated the condition imposed by this Court. It is prayed that orders of his release be issued.

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BA:1248 OF 2019

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The learned Public Prosecutor, on instructions, submitted that the applicant herein is involved in three earlier crimes registered in the year 1997, 2017 and 2018. However, those crimes involve only minor offences.

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I have considered the submissions advanced and have

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perused the materials made available.

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The applicant was enlarged on bail in the earlier crime after being in custody for a substantial period. In the second crime, the allegation is that he was found in public in an inebriated state. There is no case for the prosecution that the applicant had caused any injury or committed a serious offence. In the facts and circumstances, I am of the view that he can be granted one more chance to correct himself. If he involves in any further crimes, the bail granted to him will be liable to be cancelled.

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In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:

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BA:1248 OF 2019

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The applicant shall continue to appear before the Investigating Officer on every Mondays between 9 a.m. and 11 a.m., for a period of 3 months from today.

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He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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He shall not commit any similar offence while he is on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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SD/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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KRJ

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//TRUE COPY// P.A. TO JUDGE

Dinesan.K, v. the State of Kerala

Case brief

What is this about?

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Dinesan.K, v. the State of Kerala

Case brief

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