Allowed

Athul v. the State of Kerala

Kerala HC21 Jan 2020Bail Appl./56/2020

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner accused of kidney robbery. The Court held that offences under IPC Sections 341, 323, 427, and 506 were bailable and found no prima facie case for Section 354, applying Supreme Court precedents.

What did the court decide?

Anticipatory bail granted subject to conditions for interrogation, bond execution, and not influencing witnesses or committing other offences.

Athul Vs the State of Kerala — Cheating and Forgery | 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 P.B.SURESH KUMAR

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TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941

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Bail Appl..No.56 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMC 2175/2019 DATED 27-122019 OF ADDITIONAL DISTRICT COURT, THRISSUR

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CRIME NO.804/2019 OF Town West Police Station , Thrissur

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PETITIONER/ACCUSED:

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ATHUL, AGED 22 YEARS S/O.SADANANDAN, KARIPPAYI HOUSE, P.O.ELTHURUTH, KARIYATTUKARA, THRISSUR DISTRICT, PIN- 680611.

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BY ADVS. SRI.C.A.CHACKO SMT.C.M.CHARISMA

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RESPONDENT/COMPLAINANT:

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

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BY SR.PP SRI. SANTHOSH PETER

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A. No. 56 of 2020

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..2..

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Bail Application No. 56 of 2020

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ORDER

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This is an application for anticipatory bail under

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Section 438 of the Code of Criminal Procedure.

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The petitioner is the sole accused in Crime No. 804 of 2019 of the Thrissur Town West Police Station registered under Sections 341, 323, 354, 427 and 506 of the Indian Penal Code. The accusation against the accused in the case, in essence, is that while the de facto complainant was riding a motor cycle, the accused caused the de facto complainant to stop the vehicle and kicked on her thigh and also caused damage to the motor cycle.

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Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

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All the offences alleged against the accused except the offence punishable under Section 354 of the Indian Penal Code are bailable. I have perused the the case diary and I do not find prima facie any material in the case diary which

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makes out a case against the accused under Section 354 of

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B.A. No. 56 of 2020

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..3..

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the Indian Penal Code.

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In the circumstances, in the light of the decision of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra (AIR 2011 SC 312), having regard to the nature and gravity of the accusation, the character and antecedents of the accused, the possibility of the accused fleeing from justice, and other facts and circumstances, I am inclined to grant anticipatory bail to the petitioner on the following conditions:

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i) The petitioner shall make himself available for interrogation before the Investigating Officer within ten days from today. He shall also make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so;

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ii) If the petitioner is arrested prior to, or after his appearance before the Investigating Officer in terms of this order, he shall be released from custody on execution of a bond for Rs.25,000/(Rupees Twenty Five Thousand only) with two

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B.A. No. 56 of 2020

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..4..

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sureties each for the like sum.

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(iii) The petitioner shall not influence or

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intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence of the prosecution.

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iv) The petitioner shall not involve in any

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other offence while on bail.

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Sd/P.B.SURESH KUMAR JUDGE

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ds 21.01.2020

Athul v. the State of Kerala

Case brief

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Athul v. the State of Kerala

Case brief

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What did the court decide?

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