Allowed

Ananthapadmanabhan v. State of Kerala

Kerala HC23 May 2019Bail Appl./26/2019

Case brief

AI extract

What is this about?

The High Court granted bail to an accused in a section 302/324 IPC case on the condition that he first undergoes police interrogation. Bail was contingent upon his appearance for questioning and execution of a bond with sureties.

What did the court decide?

Petitioner to appear for interrogation first; if arrested, bail granted upon executing a bond of Rs. 40,000 and furnishing two sureties for like sums.

Ananthapadmanabhan 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 ALEXANDER THOMAS

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THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941

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Bail Appl..No. 26 of 2019

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AGAINST THE JUDGMENT IN CRMC 1770/2018 of SESSIONS COURT,THRISSUR DATED 21-12-2018

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CRIME NO. 720/2018 OF Mannuthy Police Station , Thrissur

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PETITIONER/S:

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ANANTHAPADMANABHAN

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AGED 20 YEARS S/O.ANIL, KANJIRATHANPOIKAYIL HOUSE, MADAKKATHARA VILLAGE, CHIRAKKAKODE ANAND NAGAR DESOM, THRISSUR TALUK AND DISTRICT.

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BY ADV. SRI.V.BINOY RAM

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RESPONDENT/S:

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STATE OF KERALA

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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OTHER PRESENT:

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SRI.T.R.RENJITH, 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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B.A.No.26/2019

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ALEXANDER THOMAS, J.

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B.A.No.26 of 2019

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Dated this the 23^rd day of May, 2019

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ORDER

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The petitioner is the accused No.2 in Crime No.720/2018 of Mannuthy Police Station, Thrissur District, which has been registered for offences punishable under Sections 341, 324, 294(b), 326 r/w.Section 34 of IPC.

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The brief of the prosecution case is that on 25.11.2018 at 10 p.m., the two accused persons had criminally trespassed into the house of the lady defacto complainant and accused No.1 had beaten on the forehead of the lady defacto complainant's father-in-law using an iron rod and when his wife had intervened, she was also beaten with iron rod and thereafter A1 stabbed on his eyes with the iron rod causing serious injuries.

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The learned counsel appearing for the petitioner would point out that the allegations have been falsely foisted on the accused persons and further that a crime in respect of the counter case has already been registered as Annexure-1 in

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B.A.No.26/2019 3

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Crime No.722/2018 of the same Police Station in which the father-in-law of the lady defacto complainant herein has been arrayed as accused on the basis of the complaint/First Information of the wife of the 1^st accused herein, who is the mother of the petitioner herein. It is pointed out that the father-in-law of the lady defacto complainant herein, after getting extremely intoxicated, had created nuisance and at the same time, on 25.11.2018 at 22.45 hours, he had abused the first informant therein and the neighbours etc. and that it is only as the retaliation, the instant crime has been set in motion.

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Per contra, the learned Public Prosecutor would point out that the allegations raised in the instant crime are serious.

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After hearing both sides, it is seen that the overt acts in relation to the alleged injuries caused have all been attributed to accused No.1 and not as against the petitioner (A2). The petitioner is aged 20 years and is the son of accused No.1 herein.

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Taking note of the above said facts and circumstances of this case, following orders and directions are passed:

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1) The petitioner will immediately appear before the Investigating Officer in relation to Crime No.720/2018 of Mannuthy Police Station for interrogation process without any delay, at any rate, 10 a.m. on 9.6.2019.

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B.A.No.26/2019

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2) After the interrogation process is over, in case the Investigating Officer arrests the petitioner (A2) in relation to the above said Crime, he shall be released on bail on his executing a bond for Rs.40,000/- (Rupees Forty Thousand only) and on furnishing two solvent sureties for the like sum each to the satisfaction of the Investigating Officer concerned. However, the grant of bail is subject to the following conditions:

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(a) The petitioner shall not involve in any criminal offences of similar nature.

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(b) The petitioner shall fully co-operate with the investigation.

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(c) The petitioner shall report before the Investigating Officer as and when required in that connection.

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(d) The petitioner shall not influence witness or shall not tamper or attempt to tamper evidence in any manner, whatsoever.

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(e) The petitioner shall not visit or go anywhere near the residence of the defacto complainant in this case, until the conclusion of the trial in this case.

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(f) If there is any violation of the abovesaid conditions by the petitioner then the jurisdictional court concerned stand hereby empowered, to consider the plea for cancellation of bail at the appropriate time.

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(3) If the applicant do not comply with the abovesaid directions to appear for interrogation process as aforestated

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B.A.No.26/2019

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then the benefit of the abovesaid directions will automatically vacated without any further orders from this Court.

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With these observations and directions, the above Bail

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Application will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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acd

Ananthapadmanabhan v. State of Kerala

Case brief

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Ananthapadmanabhan v. State of Kerala

Case brief

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