Disposed

Sreelesh, v. State of Kerala

Kerala HC6 Aug 2019Bail Appl./4854/2019

Case brief

AI extract

What is this about?

Sessions Court disposed of the bail application in a non-cognizable offence case by directing the accused to produce before the Magistrate for final consideration, stating it is within the Magistrate's domain to decide bail after hearing both sides.

What did the court decide?

Order to appear before Investigating Officer for interrogation and produce before Magistrate for bail consideration on same day.

Sreelesh, 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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TUESDAY, THE 6TH DAY OF AUGUST 2019 / 15TH SRAVANA, 1941

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BAIL APPL.NO.4854 OF 2019

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CRIME NO.83/2019 OF PAYYOLI POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED:

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SREELESH, AGED 36 YEARS, S/O.SREEDHARAN, KURIYADI, THAREMMAL HOUSE, AYANIKKAD P.O., KOYILANDI.

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BY ADVS. SRI.N.C.RAJESH SMT.HARITHA JAYAN SMT.S.REKHA KUMARI

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 STATION HOUSE OFFICER, PAYYOLI POLICE STATION, KOZHIKODE DISTRICT-673 522.

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SRI.AMJAD ALI, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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B.A. No. 4854 of 2019

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Dated this the 6^th day of August, 2019

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O R D E R

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The petitioner herein has been arrayed as the sole accused in the instant Crime No.83/2019 of Payyoli Police Station, which has been registered for offences punishable under Secs.452, 323, 324, 294(b), 354 & 308 of the IPC, on the basis of FIS given by lady defacto complainant aged 44 years on 9.2.2019 at about 5.23 pm in respect of the alleged incidents which have happened on 5.2.2019 at about 10.30 pm.

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The brief of the prosecution case is that, while the lady defacto complainant aged 44 years was watching television in her house the petitioner accused aged 36 years who is living in her immediate neighbourhood had barged into her house and attacked and abused her and that he has used a chopper (കകകൊടൂവകൊൾ) to attack her and if she had not evaded the same it would have resulted in her death, and had torn her dress etc.

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Counsel for the petitioner would point out that the wound certificate of the lady defacto complainant will not show

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..3..

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B.A. No. 4854 of 2019

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any injury to the corresponding allegations that she was attacked with a chopper. On being queried learned Prosecutor would state that the would certificate would show that the lady has suffered contusions.

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After hearing both sides and after careful evaluation of

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the facts of the case the following directions and orders are passed.

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i. The petitioner will immediately personally appear and surrender before the Investigating Officer in Crime No.83/2019 of Payyoli Police Station for interrogation purposes at 10 am on any day on or before 20.8.2019.

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ii. The petitioner will fully co-operate with the Investigating Officer in the conduct of the above interrogation process.

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iii. After the interrogation process is over, the Investigating Officer will produce the petitioner before the jurisdictional Magistrate Court concerned in relation to this crime, and thereupon the said Court will consider and pass order on the bail application of the petitioner on the same day of his production, and after affording reasonable opportunity of being heard to the petitioner's counsel and the learned Prosecutor, and after taking into account the facts and circumstances of the case.

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B.A. No. 4854 of 2019

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..4..

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It is further made clear that, it is within the domain of the learned Magistrate to consider the bail application of the petitioner after hearing both sides, and after taking due note of the facts and attendant circumstances in this case.

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With these observations and directions, the above Bail Application will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

Sreelesh, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreelesh, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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