Allowed

Koushik Raj K v. the Station House Officer

Kerala HC8 Feb 2019Bail Appl./662/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to two accused persons facing charges of voluntarily causing hurt and criminal intimidation under Sections 341, 323, 324 IPC read with Section 34. No grounds for cancellation were objected to.

What did the court decide?

Pre-arrest bail granted subject to conditions of appearance, periodical reporting, and no intimidation of witnesses.

Koushik Raj K Vs the Station House Officer — 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 SUNIL THOMAS

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FRIDAY ,THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940

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Bail Appl..No. 662 of 2019

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CRIME NO. 8/2019 OF Manjeswar Police Station , Kasargod

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PETITIONER/ACCUSED:

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1 KOUSHIK RAJ K AGED 23 YEARS S/O. RAGHUNATH, AMBEDKAR GRAMA, NEAR G.P.M. GOVERNMENT COLLEFE, HOSBETTU VILLAGE, BADAJE, MANJESHWAR TALUK, KASARGOD-671323.

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2 AVINASH AGED 25 YEARS S/O RAMESH, NEAR G.P.M., GOVERNMENT COLLEGE, HOSBETTU VILLAGE, BADAJE, MANJESHWAR TALUK, KASARAGOD -671323.

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BY ADV. SMT.ANN SUSAN GEORGE

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RESPONDENT/COMPLAINANT AND STATE:

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1 THE STATION HOUSE OFFICER MANJESHWAR POLICE STATION, KASARAGOD DISTRICT-671323.

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2 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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OTHER PRESENT:

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PP SRI. AJITH MURALI.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.A.662/19

ORDER

Petitioners stand arrayed as accused 2 and 3 in Crime No.8 of 2019 of Manjeshwar Police Station for offences punishable under sections 341, 323, 324 r/w 34 of the Indian Penal Code.

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The allegation of the prosecution is that, on 03.01.2019 at about 2.30p.m, when the defacto complainant was proceeding on his motor cycle, accused totalling to 3 in number, intercepted and the first accused hit him on his head with a wooden piece. Thereafter, when he tried to escape, petitioners fisted him and hit him. Crime was registered and apprehending arrest, petitioners seek bail.

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It seems that the main overt act is attributed to the first accused though, there are indications that all the accused were acting in concert. Petitioners have no criminal antecedents. No recovery is to be effected from the petitioners. Hence, I am inclined to grant the benefit of pre-arrest bail to the petitioners subject to the following conditions.

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(i) Petitioners shall appear before the investigation officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two sureties for the like sum each.

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(ii) They shall appear before the investigating officer on all Mondays and Saturdays between 9 am and 10 am for the period of two months, from the date of

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B.A.662/19

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execution of the bond.

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(iii) They shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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(iv) They shall not get involved in any other identical offence and the involvement if any, will be a ground for cancellation of bail.

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Anticipatory bail application is allowed as above.

Sd/-

SUNIL THOMAS

JUDGE

Sbna

Koushik Raj K v. the Station House Officer

Case brief

What is this about?

What did the court decide?

Koushik Raj K v. the Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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