Allowed

Anilkumar v. State of Kerala

Kerala HC8 Apr 2019Bail Appl./2219/2019

Case brief

AI extract

What is this about?

The Kerala High Court allowed an anticipatory bail application filed under Section 438 Cr.P.C. The Court noted the familial relationship between the parties and the delay in FIR registration, viewing a settlement as possible. Bail was granted on bonds with conditions.

What did the court decide?

Petitioner granted anticipatory bail on a bond for Rs.40,000 with two sureties, required to surrender within ten days and not tamper with witnesses or commit further offences.

Anilkumar 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 B.SUDHEENDRA KUMAR

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MONDAY, THE 08TH DAY OF APRIL 2019/18TH CHAITHRA, 1941

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Bail Appl..No. 2219 of 2019

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CRIME NO. 342/2019 OF Kadakkal Police Station, Kollam

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PETITIONER/ACCUSED:

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ANILKUMAR AGED 52 YEARS S/O. NARAYANAN, NRA NIVAS, ELAPAZHANNOOR P.O, KADAKKAL VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT.

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BY ADV. SRI.K.V.ANIL KUMAR

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN 682 031.

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SMT.V.SREEJA,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2219 of 2019

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O R D E R

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The petitioner is the accused in Crime No.342/2019 of Kadakkal Police Station registered for the offences punishable under Sections 324, 326 and 506 IPC.

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The petitioner has filed this application under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted

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that the petitioner is not involved in any other offence of similar nature. It appears that the petitioner and the defacto complainant are brothers. There is dispute with regard to the property. Even though the incident was on 16.02.2019, the FIR was registered only on 06.03.2019. It is alleged that there was settlement talk in between. Considering the facts and circumstances of the case,

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Bail Appl..No. 2219 of 2019

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including the relationship between the parties, I am of the view that an order under Section 438 Cr.P.C. in favour of the petitioner will be justified.

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In the result, this bail application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in connection with Crime No.342/2019 of Kadakkal Police Station, on condition of the petitioner executing a bond for Rs.40,000/- (Rupees forty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer, Kadakkal Police Station, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:-

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The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

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Bail Appl..No. 2219 of 2019

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The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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The petitioner shall not get involved in similar offences during the pendency of this case.

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Needless to say that if the petitioner gets involved in any other offence during the pendency of this case, the court below shall be at liberty to proceed against the petitioner in accordance with law, without any reference to this Court as held by the Apex Court in P.K.Shaji v. State of Kerala [AIR 2006 SC 100].

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/08.04.2019

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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