Allowed

Aby George v. the State of Kerala

Kerala HC5 Jul 2019Bail Appl./4752/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by the 4th accused, a first-time offender. granting pre-arrest bail on a bond of Rs.30,000 with two sureties to perform no interferance with witnesses or investigation.

What did the court decide?

Pre-arrest bail granted on execution of bond for Rs.30,000 with two solvent sureties, subject to conditions of reporting and no tampering with witnesses.

Aby George Vs the State of Kerala — Quashing and FIR | 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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FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

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Bail Appl..No.4752 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMP 1601/2019 of ADDITIONAL DISTRICT COURT,KOTTAYAM DATED 31-05-2019

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CRIME NO.900/2019 OF Kottayam East Police Station , Kottayam

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PETITIONER/S:

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ABY GEORGE AGED 37 YEARS S/O.RAJAN GEORGE, POOVATHIL KIZHAKKETHIL HOUSE, NATTASSERY KARA, VIJAYAPURAM VILLAGE, KOTTAYAM.

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BY ADV. SRI.NANDAGOPAL S.KURUP

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RESPONDENT/S:

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THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Case No. BA 4752/19

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O R D E R

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The petitioner is the 4^th accused in Crime No.900

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of 2019 of Kottayam East Police Station registered for the offences punishable under Sections 143, 144, 148, 427, 294(b), 323, 506(ii) and 452 read with Section 149 IPC.

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The petitioner has filed this application praying for

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the relief under Section 438 Cr.P.C.

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Heard

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The learned Public Prosecutor has submitted that

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the petitioner has no criminal antecedent. It has been

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further submitted by the learned Public Prosecutor that the name of the petitioner was not figured in the FIR. The only non-bailable offence alleged against the petitioner in the above crime is the offence under Section 452 IPC.

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Case No. BA 4752/19

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Considering the facts and circumstances of the case, including the fact that the petitioner is a first time offender,

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I am inclined to grant pre-arrest bail to the petitioner.

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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 the above crime on condition of the petitioner executing a bond for Rs.30,000/(Rupees thirty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following conditions:

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(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

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Case No. BA 4752/19

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-4-

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Investigating Officer for interrogation. (ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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(iii) The petitioner shall not get involved in any other offence during the pendency of this case.

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/

Aby George v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Aby George v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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