Allowed

Bijuraj v. State of Kerala

Kerala HC21 May 2019Bail Appl./2505/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to an accused under Section 438 Cr.P.C. in a case involving public nuisance and assault, subject to bond and conditions including appearance to the IO and non-interference with witnesses.

What did the court decide?

Petitioner allowed anticipatory bail on execution of bond for Rs.30,000 with two sureties, conditioned to report to IO and not influence witnesses.

Bijuraj Vs 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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 21ST DAY OF MAY 2019 / 31ST VAISAKHA, 1941

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Bail Appl..No. 2505 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 663/2019 of DISTRICT COURT & SESSIONS COURT,TRIVANDRUM DATED 30-03-2019

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CRIME NO. 180/2019 OF Aryanad Police Station , Thiruvananthapuram

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PETITIONER/S:

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BIJURAJ

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AGED 35 YEARS S/O. BHUVANENDRAN, KAILASAM, KOTTAKKAKAM P.O, ARYANAD, NEDUMANGADU , THIRUVANANTHAPURAM.

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BY ADV. SRI.SHAJIN S.HAMEED

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RESPONDENT/S:

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

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OTHER PRESENT:

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SMT.V.SREEJA,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2505 of 2019

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ORDER

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The petitioner is the accused in Crime

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No.180/2019 of Aryanad Police Station registered for the offences punishable under Sections 294(b), 323, 324 and 326 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

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has submitted that the petitioner is not

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involved in any other offence of similar

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nature. It appears that the defacto complainant sustained fracture of middle finger and ring finger of his left hand in the

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incident. The weapon used by the petitioner

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Bail Appl..No. 2505 of 2019

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was a bunch of keys. The learned Public Prosecutor has submitted that the bunch of keys had been already recovered. Having gone through the relevant inputs, it appears that the custodial interrogation of the petitioner is not necessary in this case. That apart, there is no criminal antecedent 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 respondent is directed to release the petitioner on bail in the event of his arrest in connection with Crime No.180/2019 of Aryanad Police Station on

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Bail Appl..No. 2505 of 2019

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-4-

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condition of the petitioner executing a bond for Rs.30,000/- (Rupees Thirty thousand only) with two solvent sureties, each for

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the like sum to the satisfaction of the Station House Officer of Aryanad 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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i) The petitioner shall report before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. for two months and thereafter, as and when required by the Investigating Officer for

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interrogation.

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Bail Appl..No. 2505 of 2019

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ii) The petitioner shall not intimidate or influence the 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//

Bijuraj v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bijuraj v. State of Kerala

Case brief

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What did the court decide?

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