Allowed

Unnikrishnan v. the State of Kerala

Kerala HC18 Oct 2019Bail Appl./6928/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the bail application of the 8th accused in a murder case under Section 307 IPC. Finding investigation complete and principal accused already on bail, the court granted release subject to conditions including passport surrender and witness protection.

What did the court decide?

Accused released on bail on executing a bond of Rs.50,000 with two solvent sureties each for the like sum subject to specific conditions regarding court appearances and conduct.

Unnikrishnan Vs the 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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941

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Bail Appl..No.6928 OF 2019

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CRIME NO.117/2019 OF KATTOOR POLICE STATION, THRISSUR

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PETITIONER/8TH ACCUSED:

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UNNIKRISHNAN, AGED 46 YEARS S/O. KANNAN, NARYATTIL HOUSE, VIVEKANANDANAGAR, EDAKULAM DESOM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

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BY ADV. SRI.N.L.BITTO

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RESPONDENT/STATE OF KERALA:

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

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SRI. SAJJU S. SR. PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6928 OF 2019

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ORDER

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This application is filed under Section 439 of the Cr.P.C.

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The applicant herein is the 8^th accused in Crime No.117 of 2019 of the Kattoor Police Station registered originally under Section 307 of the IPC.

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According to the prosecution, the accused Nos.1 to 4 were having previous enmity towards one Bibin. They along with the applicant herein hatched a criminal conspiracy to do away with the aforesaid Bibin. On 15.02.2019, at about 10.30 pm, while Bibin was riding as pillion on a scooter, the accused Nos.1 to 8 are alleged to have waylaid him and thereafter, attacked him with weapons causing injuries. The crime was registered as aforesaid on 16.02.2019 at 11.02 pm. On the next day, Bibin succumbed to the injuries. Section 302 of the IPC was thus added.

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The learned counsel appearing for the applicant submitted that the accused Nos.1, 2, 3, 4, 6 & 7 were arrested and they were later released on bail. The applicant herein had surrendered before the learned Magistrate on 16.09.2019 and he remains in custody. The investigation having proceeded to the final stages, he be granted bail is the submission.

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Bail Appl..No.6928 OF 2019

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Heard the learned Senior Public Prosecutor and I have perused the

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Case Diary.

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6. I find that the principal accused have been granted bail. The case

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records show that the investigation is more or less complete. The prosecution has no case that the applicant herein is involved in any other crimes. Having regard to the period of detention undergone and the stage of investigation, further detention of the applicant in custody does not appear to be necessitous. He can be granted bail by imposing appropriate conditions.

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In the result, this application will stand allowed. The applicant herein shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. However, it shall be subject to the following conditions:

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(a) The applicant shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 1 p.m., for a period of three months or till the final report is laid, whichever is earlier.

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(b) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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(d) He shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.

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Bail Appl..No.6928 OF 2019

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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IAP

Unnikrishnan v. the State of Kerala

Case brief

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Unnikrishnan v. the State of Kerala

Case brief

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