Allowed

Don Paul v. State of Kerala

Kerala HC16 Jul 2020Bail Appl./2226/2020

Case brief

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What is this about?

The High Court of Kerala disposed of an application for anticipatory bail under Section 438 Cr.P.C. The court granted bail conditionally, requiring surrender within two weeks, payment of security, and adherence to specific conduct conditions.

What did the court decide?

Anticipatory bail granted contingent upon surrender within two weeks, execution of bond for Rs. 50,000, and compliance with conditions regarding investigation cooperation and non-interference with wit

Don Paul Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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 ASHOK MENON

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THURSDAY, THE 16TH DAY OF JULY 2020 / 25TH ASHADHA, 1942

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Bail Appl..No.2226 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMC 351/2020 DATED 13-03-2020 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM

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CRIME NO.61/2020 OF Vadakkekara Police Station , Ernakulam

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PETITIONER/PETITIONER/4TH ACCUSED:

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DON PAUL, AGED 20 YEARS, S/O. PAUL, PADAMATTUMMAL HOUSE, GOTHURUTH, ERNAKULAM.

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BY ADVS. SRI. V. P. SANTHOSH KUMAR SRI. SAJEEVAN KURUKKUTTIYULLATHIL SHRI. VISHNU PRABHAKAR V. S.

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN – 682 031 2 STATION HOUSE OFFICER, VADAKKEKARA POLICE STATION, NORTH PARAVUR, VADAKKEKARA. P. O, ERNAKULAM.

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SRI. C. N. PRABHAKARAN, SR. PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.2226 OF 2020

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ORDER

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Dated this the 16th day of July 2020

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This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

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The petitioner is the 4^th accused in crime No.61 of 2020 of Vadakkekara Police Station, for having allegedly committed offences punishable under Sections 323, 324, and 326 r/w Section 34 of the Indian Penal Code along with six other accused.

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The prosecution case in brief is that, on

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26.01.2020 at about 10.30 P.M. the petitioner along with the other co-accused in furtherance of common

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intention to assault the defacto complainant, attacked him with deadly weapons and thus caused a fracture of cheek bone, a grievous hurt. Accused 1 to 3 were the main perpetrators of the crime. All others had assisted them in furtherance of common intention. There is no particular overt act attributed to the petitioner. Accused 1 to 3 were

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Bail Appl.No.2226 OF 2020

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arrested and they were released on bail. Recovery

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is also complete. Accused 5 and 6 were also granted bail by the Sessions Court. The petitioner therefore prays that he is a person having no antecedents, he is a student and a law abiding citizen, and therefore, he may be released on anticipatory bail.

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After having perused the entire facts and

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circumstances of this case, I find that no custodial detention of the petitioner is necessary and he has got no criminal antecedents, the overt act attributed to him is minimum.

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Therefore, the petitioner shall surrender before the investigating officer within two weeks and in the event of his being arrested, he shall be released on bail on execution of bond for

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Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer and on the following conditions:

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i. The petitioner shall co-operate with

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Bail Appl.No.2226 OF 2020

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the investigation, and appear before the investigating officer as and when called for.

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ii. He shall not get involved in similar crime during the bail period.

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iii. He shall not attempt to tamper with

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evidence, influence or intimidate witnesses.

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In case of the breach of conditions the

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prosecution shall be at liberty to apply for

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cancellation of bail before the jurisdictional court.

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The petition is disposed of as above.

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Sd/-

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ASHOK MENON JUDGE

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SPR

Don Paul v. State of Kerala

Case brief

What is this about?

What did the court decide?

Don Paul v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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