Disposed

Saleesh a.P, v. State of Kerala

Kerala HC18 Feb 2019Bail Appl./774/2019

Case brief

AI extract

What is this about?

In a bail application by the 9th accused in a conspiracy for murder case, the High Court directed the petitioner to surrender before the court below within ten days to ensure his bail application is expedited and decided on the same day upon appearance.

What did the court decide?

Directed petitioner to surrender before the court below within ten days so his bail application may be heard on the same day.

Saleesh a.P, 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 SUNIL THOMAS

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MONDAY ,THE 18TH DAY OF FEBRUARY 2019 / 29TH MAGHA, 1940

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Bail Appl..No. 774 of 2019

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AGAINST THE ORDER/JUDGMENT IN CP 57/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, KANNUR

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CRIME NO. 13/2011 OF Kannapuram Police Station , Kannur

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PETITIONER/ACCUSED NO.9:

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SALEESH A.P, AGED 45 YEARS S/O. LATE BALAN K.P, RESIDING AT KADAN HOUSE, KAPPAKKADAVU, AZHIKODE NORTH AMSOM, AZHIKKAL DESOM, KANNUR DISTRICT PIN 670 009.

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BY ADV. SMT.M.M.DEEPA

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RESPONDENT/COMPLAINANT & STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

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BY ADV. SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER

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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 18.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 774 of 2019

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O R D E R

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The petitioner herein stands arrayed as 9th accused in crime no.13/2011 of Kannapuram police station, Kannur for offences punishable under Sections 120(B) and 201 IPC.

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The allegation of the prosecution is that, due to previous enmity, the accused attacked the defacto complainant armed with dangerous weapons and hit on the various parts of the defacto complainant. He sustained injuries and died.

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Investigation has been completed. The allegation against the petitioner is regarding hatching of conspiracy of murder. The prosecution is essentially relying the confession statement of the co-accused. The 8^th accused, who stands on the same footing as that of the petitioner herein was granted anticipatory bail by the order of this court dated 11.04.2018.

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At this length of time, I feel that custody of the petitioner herein may not be essential. However, his apprehension is that if he appears before the court below, his bail application is not likely to be taken up on the same day and there is a chance of the petitioner being remanded.

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Considering this fact, I am inclined to direct the petitioner

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Bail Appl..No. 774 of 2019

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herein to surrender before the court below within ten days from today. If he so surrenders, the court below shall take up the bail application filed by him on the same day of his appearance with notice to the learned Assistant Public Prosecutor and shall pass appropriate orders on the same day, having due regard to the above facts.

Sd/-

SUNIL THOMAS

JUDGE

shg

Saleesh a.P, v. State of Kerala

Case brief

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Saleesh a.P, v. State of Kerala

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