Allowed

Subhash v. State of Kerala

Kerala HC20 Jan 2020Bail Appl./36/2020

Case brief

AI extract

What is this about?

In a bail application by the sole accused in a case involving offences under Sections 294(b), 341, 324, and 307 IPC, the High Court granted bail considering the stage of investigation and pendency of a counter-case, subject to standard conditions.

What did the court decide?

Petitioner released on bail via bond of Rs. 50,000 with two sureties, subject to conditions including appearance for interrogation and non-interference with witnesses.

Subhash Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2020)

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B.A.36/2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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MONDAY, THE 20TH DAY OF JANUARY 2020 / 30TH POUSHA, 1941

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Bail Appl..No.36 OF 2020

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AGAINST THE ORDER IN CMP 7907/2019 DATED 28-12-2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

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CRIME NO.909/2019 OF Kottiyam Police Station, Kollam

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PETITIONER/ACCUSED:

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SUBHASH AGED 36, S/O.SURESH, VAYALILVEETTIL, VINITHA BHAVAN, UMAYANALLOOR P.O., VADAKKUMKARA PADINJARE CHERRY, MAYYANADU VILLAGE, KOLLAM.

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BY ADV. SRI.C.S.SUMESH

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. (CRIME NO.909/2019 OF KOTTIYAM POLICE STATION, KOLLAM)

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OTHER PRESENT:

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PP SREEJA V

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.A.36/2020

ORDER

Dated this the 20th day of January 2020

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Application for regular bail.

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The petitioner is the sole accused in Crime

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No. 909 of 2019 of Kottiyam Police Station registered

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for the offences punishable under Sections 294(b), 341,

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324 and 307 of Indian Penal Code.

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The petitioner has been in custody since 26.12.2019.

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The prosecution allegation is that on

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17.12.2019 at around 3 p.m., this petitioner has entered into a workshop where the defacto complainant was working and abused him in filthy language, wrongfully restrained him and stabbed him with a knife on his neck with the intention to cause his death and thereby he has committed the aforesaid offences.

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It is submitted by the learned counsel for the

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petitioner that in fact he was invited to the workshop by the defacto complainant where he was working and attacked him due to the animosity towards him and a

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B.A.36/2020

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counter case has also been registered against the defacto complainant. He is totally innocent of the allegations levelled by the prosecution. Hence, this application.

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According to the learned Public Prosecutor, the investigation of the case is well in progress. It is also admitted by her that a counter case as Crime No. 925 of 2019 has been registered against the defacto complainant and the investigation in both the cases are progressing.

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Considering the entire facts involved in this case, the period of detention undergone by him and the present stage of investigation as well the pendency of the counter case against the defacto complainant, I am inclined to grant bail to the petitioner.

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This application is allowed subject to the

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following conditions:

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

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(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

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B.A.36/2020

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(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iv) He shall not commit any offence while on bail.

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conditions, the learned Magistrate is empowered to

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cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

JUDGE

Subhash v. State of Kerala

Case brief

What is this about?

What did the court decide?

Subhash v. State of Kerala

Case brief

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What did the court decide?

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