Allowed

Subin, v. the State of Kerala

Kerala HC15 Oct 2019Bail Appl./7372/2019

Case brief

AI extract

What is this about?

Bail application allowed. Court granted bail imposing conditions including execution of bond with sureties, appearance before IO on Saturdays, and non-interference with witnesses or evidence.

What did the court decide?

Release on bail with bond of Rs.50,000 and two sureties of equal amount, appearing before IO on Saturdays, and prohibition against influencing witnesses or committing offences.

Subin, Vs the State of Kerala — Anticipatory Bail | 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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TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941

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Bail Appl..No.7372 OF 2019

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CRIME NO.686/2019 OF MALA POLICE STATION , THRISSUR

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PETITIONER/S:

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SUBIN, AGED 39 YEARS S/O. SUBRAMANYAN, MOOTHEDATH HOUSE, KUZHIKKATTUSSERY DESOM, THAZHEKAD VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT

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BY ADV. SRI.N.L.BITTO

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RESPONDENT/S:

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THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM - 682 031

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OTHER PRESENT:

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SRI B JAYASURYA SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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..2..

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Bail Appl..No.7372 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 accused in Crime No. 686 of 2019 of

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the Mala Police Station, registered under Sections 294(b), 308, 324, 326 & 506 IPC.

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According to the prosecution, there are disputes between the

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applicant and his landlord. Under the impression that the informant was instrumental in persuading the landlord to issue a legal notice seeking eviction, on 12.09.2019 at 4.30 pm, the applicant is alleged to have wrongfully restrained the informant and attacked him with an iron rod causing a fracture.

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Heard Sri.Bitto N.L, the learned counsel appearing for the applicant, who asserted that the applicant is innocent.

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The learned Public Prosecutor has opposed the prayer. It is submitted that the applicant is having criminal antecedents.

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I have considered the submissions advanced. From the records,

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it appears that the investigation has reached the final stages. It is not reported that the applicant has been convicted by a court of law in any cases registered against him. Having considered the nature of the allegations, the

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..3..

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Bail Appl..No.7372 OF 2019

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period of detention undergone by him and the stage of investigation, further detention of the applicant, in the facts and circumstances, 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. However, it shall be subject to the following conditions:

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(a) The applicant shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

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

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(d) He shall not commit any offence while he is on bail.

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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

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JUDGE

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Bka/15.10.2019

Subin, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Subin, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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