Allowed

Vishnu Prasad v. State of Kerala

Kerala HC23 Jan 2019Bail Appl./323/2019

Case brief

AI extract

What is this about?

This bail application by petitioner Vishnu Prasad, accused of a gang assault, was admitted. The court granted bail on strict conditions, including restriction from entering the Thrissur revenue district and reporting to police, to facilitate the arrest of another accused.

What did the court decide?

Petitioner to be released on bail by executing a bond with two solvent sureties for Rs. 40,000 each and complying with strict conditions.

Vishnu Prasad 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 P.UBAID

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WEDNESDAY,THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940

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Bail Appl..No. 323 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMP 8681/2018 of J.M.F.C.,IRINJALAKUDA DATED 04-01-2019

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CRIME NO. 768/2018 OF Irinjalakuda Police Station , Thrissur

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PETITIONER/ACCUSED NO.1:

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VISHNU PRASAD, AGED 28 YEARS, S/O SURENDRAN,MEPPURATH HOUSE,PORATHISSERY.P.O, PORATHISSERY VILLAGE,THRISSUR.

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BY ADV. SRI.D.VIMAL DEV

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RESPONDENT:

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STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-31.

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OTHER PRESENT:

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SMT K K SHEEBA-PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 323 of 2019

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-:2:-

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O R D E R

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The petitioner herein is the first accused in Crime No.768 of 2018 of the Irinjalakuda Police Station, involving the offences under Sections 143, 147, 148, 341, 323, 324, 427, 294(b), 506(ii), 452, 355 and 308 read with Section 149 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure.

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The prosecution case is that a gang led by the accused trespassed into the house of the de facto complainant at about 9.30 pm on 01.11.2018, they assaulted the de facto complainant and his father, and inflicted injuries on their body due to some previous enmity, With the knowledge of consequence that the injuries may cause death. The petitioner was arrested on 19.11.2018, and he has been in custody since the date of arrest. The police report shows that accused Nos.1,2, 3, 4 and 6 have been arrested, and that the 3^rd accused is on

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Bail Appl..No. 323 of 2019

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-:3:-

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bail. He was granted bail by this Court as per order dated 13.12.2018 in Bail Application No.8355 of 2018 on very strict conditions. Of course, it is true that the gang of persons who committed assault was led by the petitioner, and the police report shows that there are five other crimes also against him at different police stations in the Thrissur District. The copy of the wound certificate relating to the complainant and others shows that nobody had sustained any serious injury. The police report shows that investigation as against the petitioner is almost over, and one more accused remains to be arrested. To facilitate the arrest of the 5^th accused alone, the petitioner cannot be detained indefinitely in custody. I find that he can be granted bail on very strict conditions. It is made clear that this order will not, in any manner, go to the benefit of the other accused.

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In the result, this application for bail is

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allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for Rs.₹40,000/-(Rupees forty thousand only)each to the satisfaction of the court below.

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Bail Appl..No. 323 of 2019

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-:4:-

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Bail is granted on condition that;

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a) The petitioner shall not enter the limits of Thrissur revenue district for a period of two months from this date.

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b) The petitioner shall report before the Station House Officer of the North Paravur Police station during the said period.

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c) The petitioner shall not have any contact with the material witnesses, directly or over telephone or otherwise, till the whole trial process is over.

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d) Forward a copy of this order to the Station House Officer of the North Paravur Police Station who will report compliance of the conditions directly to the court below.

Sd/-

P.UBAID

JUDGE

DST

//True copy//

P.A. To Judge

Vishnu Prasad v. State of Kerala

Case brief

What is this about?

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Vishnu Prasad v. State of Kerala

Case brief

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