An application for pre-arrest bail was filed by the 3rd accused in cases involving IPC offences. The court granted bail, directing surrender within two weeks and imposing conditions regarding court appearances and conduct.
Pre-arrest bail granted; direction to surrender within two weeks; conditions for alternate Saturday appearance and conduct.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 08TH DAY OF JULY 2020 / 17TH ASHADHA, 1942
Bail Appl..No.1752 OF 2020
CRIME NO.883/2019 OF POZHIYOOR POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.3:
FLEXIL @ KICHU, AGED 27 YEARS, S/O. JALSTER, RESIDENT OF NEDIYAVILA, PIRAVILAKOM, VENGANOOR P.O., THIRUVANANTHAPURAM, KERALA.
BY ADVS. SRI.NEBIL NIZAR SRI.A.ALI NAFIYUDEEN
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2 INSPECTOR OF POLICE, POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM RURAL POLICE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
OTHER PRESENT:
SRI. C.N.PRABHAKARAN – SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1752 OF 2020
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ORDER
Dated this the 08th day of July, 2020
APPLICATION FOR ANTICIPATORY BAIL
The petitioner is the 3rd accused in Crime No.883 of 2019 of Pozhiyoor Police Station, Thiruvananthapuram, for having allegedly committed offences punishable under Sections 323, 325, 342, 392 and 397 of the IPC. The prosecution case in brief is thus:
way back home, near a junction of the road, detained him, thereafter disrobed him of his lungi, tied him to a tree and assaulted him, allegedly causing a grievous hurt of fracture of his nasal bone. Thereafter, the 1st accused robbed him of his money, mobile phone, gold chain and thereafter, he was intimidated and ask to flee from there. The defacto complainant is allegedly employed in the Gulf countries. Even
B.A.No.1752 OF 2020
going by the FI Statement, which has been produced as Annexure-A1, it is indicated that the entire allegation is confined to the 1st accused and all that the petitioner and the 2nd accused did, was fisting him, after he was tied up to the tree. It is true that an offence of robbery has been alleged against the petitioner and the other co-accused. The stolen articles which was admittedly taken away by the 1st accused, who was known to the defacto complainant, has already been recovered after accused 1 and 2 were arrested. The learned counsel for the petitioner submits that the inspections by the Police officer does not reveal any nasal bone injury and is not mentioned in the First Information Statement. The petitioner has no criminal antecedents. Hence, the learned counsel seeks a pre arrest bail.
recovery is already over, custodial interrogation of the petitioner may not be necessary. Even going by the FI Statement, the only allegation against petitioner is that he had fisted the defacto complainant. The grievous injury was caused
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only by the 1st accused. For that also, the body mahazar of the defacto complainant prepared while recording the statement
does not show any injury to the nose. Under the circumstances, I find that incarceration of the petitioner may not be necessary and he is therefore, entitled to a pre arrest bail.
(i) He shall appear before the Investigating Officer on alternate Saturdays between 9.00am and 12.00pm for a period of three months or till filing of the final report whichever is earlier.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
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(iii) He shall not get involved in similar offences during
the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.
The bail application is allowed.
Sd/ASHOK MENON JUDGE
NR/08/07/20
3 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner for offences alleged under various sections of IPC.
Whether custodial interrogation of the petitioner is necessary given the recovery of stolen articles and the nature of allegations.
What bail conditions should be imposed on the petitioner.
1 provisions across 1 enactments
FLEXIL @ KICHU
STATE OF KERALA
INSPECTOR OF POLICE, POZHIYOOR
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
