Allowed

Shaji v. State of Kerala

Kerala HC11 Apr 2019Bail Appl./2302/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail under Section 438 Cr.P.C. The petitioner, charged with offences under IPC, faces no criminal antecedent, and custodial interrogation was deemed unnecessary. Bail was granted on execution of surety bond and specific reporting conditions.

What did the court decide?

Petitioner released on bail on execution of bond for Rs.40,000 with two sureties, surrender within ten days, reporting on Saturdays, and conditions against influencing witnesses or tampering with inve

Shaji 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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THURSDAY, THE 11TH DAY OF APRIL 2019 / 21ST CHAITHRA, 1941

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Bail Appl..No. 2302 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 146/2019 of SESSIONS COURT,TRIVANDRUM DATED 02-02-2019

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CRIME NO. 1068/2018 OF Vellarada Police Station, Thiruvananthapuram

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PETITIONER/S:

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SHAJI

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AGED 38 YEARS S/O. RAVEENDRAN, SHAJI BHAVAN, KILIYOOR, VELLARADA P.O., THIRUVANANTHAPURAM .

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BY ADV. SRI.BIJU .C. ABRAHAM

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RESPONDENT/S:

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

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2 THE SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT 695 505.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2302 of 2019

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-2-

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ORDER

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The petitioner is the first accused in

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Crime No.1068/2018 of Vellarada Police Station. The offences alleged are punishable

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under Sections 294(b), 323, 341, 324, 506(ii), 326 and 308 r/w Section 34 IPC.

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2. The petitioner has filed this

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application under Section 438 Cr.P.C.

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3. Heard.

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4. The learned Public Prosecutor has

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submitted that the petitioner is not involved in any other offence of similar

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nature. The learned Public Prosecutor has

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further submitted that it is doubtful as to whether the defacto complainant sustained

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Bail Appl..No. 2302 of 2019

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fracture or not.

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6. Considering the facts and

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circumstances of the case, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. That apart, there is no criminal antecedent

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against the petitioner. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified in this case.

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In the result, this application stands allowed and the respondents are directed to release the petitioner on bail in the event of his arrest in connection with Crime No.1068/2018 of Vellarada Police Station on

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condition of the petitioner executing a

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Bail Appl..No. 2302 of 2019

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bond for Rs.40,000/- (Rupees Forty thousand only) with two solvent sureties, each for

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the like sum to the satisfaction of the second respondent, before whom the

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petitioner shall surrender within ten days, if not arrested in the meantime and subject

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to the following further conditions:

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i) The petitioner shall report before the Investigating Officer on every Saturday between 9 a.m.

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and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.

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ii) The petitioner shall not intimidate or influence the

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Bail Appl..No. 2302 of 2019

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witnesses or in any way tamper

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with the investigation.

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iii) The petitioner shall not get involved in any other offence during the pendency of

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this case.

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

Shaji v. State of Kerala

Case brief

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Shaji v. State of Kerala

Case brief

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