Allowed

K.K.Suresh @ Monay v. State of Kerala

Kerala HC5 Sept 2019Bail Appl./6210/2019

Case brief

AI extract

What is this about?

Ended an anticipatory bail application under Section 438 Cr.P.C. The court granted bail as the petitioner was a first-time offender who had vacated the premises, considering him not a flight risk.

What did the court decide?

Application allowed; petitioner released on bail on a bond of Rs. 40,000 with two solvent sureties, subject to conditions to report to the Investigating Officer and not to intimidate witnesses.

K.K.Suresh @ Monay Vs State of Kerala — Cheating and Forgery | 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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THURSDAY, THE 05TH DAY OF SEPTEMBER 2019 / 14TH BHADRA, 1941

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Bail Appl..No.6210 OF 2019

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AGAINST THE ORDER/JUDGMENT IN CRMP 2265/2019 DATED 19-082019 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM

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CRIME NO.952/2019 OF Kumarakom Police Station , Kottayam

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PETITIONER/S:

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K.K.SURESH @ MONAY AGED 39 YEARS

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S/O. KUNJACHAN, KANICHATTUTHARA HOUSE, KUMARAKOM P.O, KOTTAYAM.

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BY ADVS. SRI.C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN SMT.T.N.SREEKALA SRI.PAUL C THOMAS KUM.NEETHU SOMAN

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RESPONDENT/S:

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

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2 THE STATION HOUSE OFFICER, KUMARAKOM POLICE STATION.

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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 05.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6210 OF 2019

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ORDER

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The petitioner is the accused in Crime

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No.952/2019 of Kumarakam Police Station registered for the offences punishable under Sections 452, 326 and 294(b) IPC.

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2. The petitioner has filed this

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application under Section 438 Cr.P.C.

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3. Heard.

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4. The learned Public Prosecutor has

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submitted that the petitioner is not involved in any other offence. The petitioner is the tenant of the building belonging to the informant. The informant

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sustained fracture on his left leg in the

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incident. It has been further submitted by

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the learned Public Prosecutor that the

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Bail Appl..No.6210 OF 2019

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petitioner vacated the tenanted premises after the incident in this case. Since the petitioner had already vacated the tenanted premises, there is no chance for repeating similar offences.

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5. Considering the facts and

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circumstances of the case, including the fact that the petitioner is a first time offender, I am inclined to grant pre-arrest bail to the petitioner.

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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 the above said crime on condition of the petitioner executing a bond for Rs.40,000/- (Rupees Forty thousand

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Bail Appl..No.6210 OF 2019

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-4-

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only) with two solvent sureties, each for

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the like sum to the satisfaction of the

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second respondent, before whom the

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petitioner shall surrender within ten working days, if not arrested in the meantime and subject to the following

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further conditions:

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i) The petitioner shall report

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before the Investigating Officer on every Saturday between 9 a.m.

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and 11 a.m. for three months and thereafter, as and when required

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by the Investigating Officer for interrogation.

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ii) The petitioner shall not

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intimidate or influence the

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Bail Appl..No.6210 OF 2019

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witnesses or in any way tamper

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with the investigation.

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iii) The petitioner shall not

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get involved in any other offence during the pendency of

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this case.

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sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

K.K.Suresh @ Monay v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.K.Suresh @ Monay v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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