Allowed

Arun @ Sudheesh v. the State of Kerala

Kerala HC26 Feb 2019Bail Appl./853/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the third accused arrayed in a riot and assault case involving an unlawful assembly with weapons, subject to conditions including surety, periodical reporting, and restrictions on interference with the investigation.

What did the court decide?

Bail granted subject to execution of a bond with sureties, periodical reporting, and undertakings to interfere with no investigation or intimidate witnesses.

Arun @ Sudheesh Vs the State of Kerala — Murder and Culpable Homicide | 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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TUESDAY ,THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

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Bail Appl..No. 853 of 2019

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AGAINST THE ORDER IN CMP 590/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOTTARAKKARA DATED 31-01-2019

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CRIME NO. 20/2019 OF KOTTARAKKARA POLICE STATION , KOLLAM

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PETITIONER/3RD ACCUSED:

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MR.ARUN @ SUDHEESH AGED 29 YEARS S/O.SUDERSANAN, RESIDING AT THEVANTAZHIKATHUVEEDU, MOOZHIKODU BAKERY JUNCTION, VENDAR MURI, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT.

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BY ADV. SRI.S.SREEKUMAR (KOLLAM)

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RESPONDENTS/STATE:

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

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2 THE SUB-INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT-691506.

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 853 of 2019

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O R D E R

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The petitioner herein stands arrayed as the third accused in Crime No.20/2019 of Kottarakkara Police Station, Kollam District, for offences punishable under section 143, 147, 148, 341, 294(b), 324, 326 and 308 read with section 149 of the Indian Penal Code.

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According to the prosecution, due to previous political enmity towards the defacto complainant, the accused totaling to about 8 in numbers, formed into an unlawful assembly and attacked the defacto complainant. It was alleged that the first accused was armed with a sword and accused Nos.2, 3 and 5 armed with iron rods. The defacto complainant sustained injuries including a fracture of the collar bone. The above injury is attributed to the petitioner herein. He was arrested on 29.01.2019 and is in custody since then. He seeks bail.

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Petitioner has no criminal antecedents. The substantial part of the investigation as against the petitioner herein has progressed. Appreciating these

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Bail Appl..No. 853 of 2019

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facts, I am inclined to grant bail to the petitioner on the following conditions:

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(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) He shall appear before the investigating officer on all Wednesdays between 9 am and 10 am for a period of two months, from the date of his release.

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(iii) He shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall he interfere in the process of investigation.

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(iv) He shall not get involved in any other crime and involvement of it, will be a ground for cancellation of bail in this case.

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Bail application is allowed as above.

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Sd/- SUNIL THOMAS, JUDGE

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R.AV

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//True Copy//

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PA to Judge

Arun @ Sudheesh v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Arun @ Sudheesh 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

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