Allowed

Kesav Vijay, v. State of Kerala

Kerala HC23 May 2019Bail Appl./2526/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail petition under Section 438 Cr.P.C. filed by accused numbers 1 and 2. The court found them to be first-time offenders involved in a sudden fight with no criminal antecedents, deeming the case fit for anticipatory bail. An order was passed directing their release on bail upon arrest, subject to specific conditions.

What did the court decide?

The petitioners were granted anticipatory bail with a bond of Rs. 30,000/- each, including two solvent sureties each, subject to reporting and non-interference conditions.

Kesav Vijay, 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 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941

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Bail Appl..No. 2526 of 2019

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CRIME NO. 293/2019 OF Velloor Police Station , Kottayam

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PETITIONERS/ACCUSED NO.1 AND 2:

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1 KESAV VIJAY, AGED 21 YEARS S/O.VIHJAYAKUMAR, KOLLAMPARAMBIL HOUSE, MULAKULAM NORTH, MULAKULAM, PIRAVOM, MOOVATTUPUZHA, ERNAKULAM.

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2 SREE HARI, AGED 21 YEARS S/O.SURENDRAN, UZHATHUMALAYALIL HOUSE, MULAKULAM P.O., MULAKULAM KARA, PIRAVOM VILLAGE, MOOVATTUPUZHA, ERNAKULAM.

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BY ADVS. SRI.S.RAJEEV K.ANAND SRI.D.FEROZE SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY

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RESPONDENTS/STATE:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, (CRIME NO.293/2019 OF VELLOOR POLICE STATION, KOTTAYAM DISTRICT).

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2 STATION HOUSE OFFICER, VELLOOR POLICE STATION, KOTTAYAM DISTRICT-686501. (CRIME NO.293/2019 OF VELLOOR POLICE STATION, KOTTAYAM DISTRICT).

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SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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-2-

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Bail Appl..No. 2526 of 2019

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O R D E R

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The petitioners are accused Nos.1 and 2 in Crime No. 293/2019 of Velloor Police Station registered for the offences punishable under Sections 143, 144, 147, 148, 323, 324, 326 and 308 read with Section 149 IPC.

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The petitioners have 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 petitioners have no criminal antecedent. It appears that one of the injured sustained injuries including fracture of his right wrist in the incident. It appears that the incident in this case was not a premeditated incident. It further appears that there was sudden fight between two groups. Considering the facts and circumstances of the case, including the fact that the petitioners are 1^st time offenders, I am of the view that

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Bail Appl..No. 2526 of 2019

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this is a fit case where an order under Section 438 Cr.P.C. in favour of the petitioners will be justified.

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In the result, this bail application stands allowed and the respondents are directed to release the petitioners on bail in the event of their arrest in connection with Crime No.293/2019 of Velloor Police Station, on condition of each of the petitioners executing a bond for Rs.30,000/- (Rupees thirty thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the 2^nd respondent, before whom the petitioners shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:-

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The petitioners shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for four months and thereafter, as and when required by the Investigating Officer for interrogation.

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Bail Appl..No. 2526 of 2019

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

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The petitioners shall not get involved in any other offence of similar nature during the pendency of this case.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/23.05.19

Kesav Vijay, v. State of Kerala

Case brief

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Kesav Vijay, v. State of Kerala

Case brief

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