Allowed

Sreekanth.K.G v. State of Kerala

Kerala HC2 Apr 2019Bail Appl./2056/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to petitioners accused of obstructing police duties under Section 353 IPC reading with Section 34 IPC. The court held arrest was not necessary for effective investigation.

What did the court decide?

Anticipatory bail granted; to appear before IO within 10 days; bond of Rs. 50,000 with two sureties; weekly appearance on Saturdays; liberty to cancel bail on violation.

Sreekanth.K.G Vs State of Kerala — Anticipatory Bail | 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 T.V.ANILKUMAR

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TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941

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Bail Appl..No. 2056 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMP 384/2019 of DISTRICT COURT & SESSIONS COURT,KOTTAYAM DATED 15-02-2019

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CRIME NO. 135/2019 OF KOTTAYAM EAST POLICE STATION

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PETITIONERS/ACCUSED 1 & 2:

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1 SREEKANTH.K.G AGED 38 YEARS S/O.JANARDHANAN NAIR, KOICKAL HOUSE, IRANJAL, PARAMPUZHA.P.O., KOTTAYAM DISTRICT.

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2 SREEJITH K.G AGED 41 YEARS S/O.JANARDHANAN NAIR, KOICKAL HOUSE, IRANJAL, PARAMPUZHA.P.O., KOTTAYAM DISTRICT.

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BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM686602.

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OTHER PRESENT:

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SRI. E.C.BINEESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.A.No. 2056/2019

T.V.ANILKUMAR, J.

B.A.No.2056 of 2019

Dated this the 2^nd day of April, 2019

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O R D E R

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Notice of this anticipatory bail application was given

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to learned Public Prosecutor and both sides were heard.

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I had the advantage of perusing the CD as well.

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The applicants seeking anticipatory bail invoking

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Section 438 of the Cr.P.C are accused Nos. 1 and 2 in Crime No. 135 of 2019 of Kottayam East Police Station under Section 353 r/w Section 34 of the IPC and Section 117 (e) of the Kerala Police Act.

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The prosecution case against petitioners is that on 18.1.2019 they in furtherance of their common intention obstructed the official duties of two police constables who were deployed for executing warrant issued in ST. 250/2018 on the file of the JFCM-I, Kottayam and committed the non-bailable offence punishable

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B.A.No. 2056/2019

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under Section 353 IPC. The CD discloses that the

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investigationof the case is nearing completion and material witnesses have been questioned also.

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Having regard the allegations made against the petitioners, for effective investigation of the case, arrest of the petitioners is not required at all nor custodial interrogation is also necessary. In the circumstances, I am inclined to grant pre-arrest bail sought in this petition to the petitioners. They shall appear before the investigating officer within 10 days from today.

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In the event of the petitioners being arrested, they shall be released by the officer on bail, on execution of bond for `.50,000/- (Rupees fifty Thousand only) each with two solvent sureties each for the like sum to his satisfaction.

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They will thereafter appear before the Investigating officer on every Saturday at 10 a.m and 11 a.m until completion of the investigation and submission of final report.

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B.A.No. 2056/2019

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They shall co-operate with the investigating agency

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without fail.

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They shall not involve themselves in offences of similar nature in future.

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If any of the conditions as aforesaid is violated, the investigating officer shall take up the matter with the jurisdictional court where the matter is pending and the said court shall be liberty to cancel bail of the petitioner in accordance with law after hearing the parties.

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T.V.ANILKUMAR,

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JUDGE

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al/-

Sreekanth.K.G v. State of Kerala

Case brief

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Sreekanth.K.G v. State of Kerala

Case brief

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