Hon'ble Court allowed the petition for anticipatory bail under Section 438 Cr.P.C. for the petitioner, an 8th accused, directing release on bond with sureties subject to standard conditions.
Petitioner is directed to release on bail by executing bond for Rs.40,000 with two solvent sureties, each for Rs.40,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941
Bail Appl..No. 2853 of 2019
CRIME NO. 216/2019 OF ALUVA WEST POLICE STATION (ALANGAD) , Ernakulam
PETITIONER/S:
AFJADH A.S., AGED 21 YEARS S/O. SHAMSUDHIN A.M., ARIKODATH HOUSE, ALANGAD P.O., KOTTAPPURAM, ERNAKULAM DISTRICT.
BY ADV. SRI.MANSOOR.B.H.
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 STATION HOUSE OFFICER, ALUVA WEST POLICE STATION, ERNAKULAM DISTRICT682314.
OTHER PRESENT:
SMT.V.SREEJA,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Case No. BA 2853/19
O R D E R
The petitioner is the 8th accused in Crime No.216 of 2019 of Aluva West Police Station registered for the offences punishable under Sections 143, 144, 147, 148, 307, 324, 326 and 506(ii) read with Section 149 IPC.
the petitioner has no criminal antecedent. It has been further submitted by the learned Public Prosecutor that the name of the petitioner was not figured in the FIR. The learned counsel for the petitioner has submitted that it was only because of the reason that the vehicle used by one of the accused persons belonged to the petitioner that the
Case No. BA 2853/19
petitioner was made as an accused in the case. It appears that the petitioner was arraigned as an accused in the subsequent stage. Accused Nos.5 and 6 were released on bail after their arrest and judicial detention. No overt act was alleged against the petitioner. There is also no allegation that the petitioner used any weapon to inflict injuries on the injured. Having gone through the relevant inputs, it appears that no recovery is to be effected from the petitioner. That apart, the petitioner has no criminal antecedent. In the said circumstances, I am inclined to allow this application.
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.216 of 2019 of Aluva West Police Station on condition of the
Case No. BA 2853/19
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 2nd respondent, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following conditions:
(i) The petitioner shall report before the Investigating Officer on every Monday between 9.00 a.m. and 11.00 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.
(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
(iii) The petitioner shall not get involved in any other offence during the pendency of this case.
sd
B. SUDHEENDRA KUMAR, JUDGE .
dl/
1 issue framed by the court
Whether the petitioner is entitled to anticipation bail in the crime aforesaid.
2 provisions across 2 enactments
AFJADH A.S.
State of Kerala
Station House Officer, Aluva West Police Station
B. Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
