Allowed

Anandu Ghosh a v. State of Kerala

Kerala HC2 Nov 2020Bail Appl./6442/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail filed by a third accused in a rioting and assault case. The court held that since the applicant was not using a weapon and had low culpability, custodial interrogation was unnecessary.

What did the court decide?

Bail allowed directed to surrender within two weeks; upon arrest release on bail on 50000 bond with two sureties.

Anandu Ghosh a Vs 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 ASHOK MENON

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MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

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Bail Appl..No.6442 OF 2020

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CRIME NO.1485/2020 OF Sakthikulangara Police Station, Kollam

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PETITIONER/ACCUSED:

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ANANDU GHOSH A AGED 22 YEARS SON OF AJAYA GHOSH, VAYALIL THARAYIL HOUSE, SAKTHIKULANGARA.P.O, KOLLAM DISTRICT 691581

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BY ADV. SRI.P.V.DILEEP

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RESPONDENT/S:

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1 STATE OF KERALA STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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2 THE STATION HOUSE OFFICER SAKTHIKULANGARA POLICE STATION, SAKTHIKULANGARA.P.O, KOLLAM DISTRICT, 691581

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R1 BY PUBLIC PROSECUTOR

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OTHERS PRESENT:

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SRI.AJITH MURALI -PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA 6442/2020

O R D E R

Dated this the 2nd day of November 2020

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APPLICATION FOR ANTICIPATORY BAIL

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The applicant is the third accused in Crime No.1485/2020 of Sakthikulangara Police Station, for having allegedly committed offences punishable under Sections 294(b), 324, 326, 506 and 308 read with Section 34 IPC.

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The prosecution case, in brief, is that on 01.09.2020 at about 9.30 p.m., the applicant along with the other three accused at Ambedkar Junction in Kannimelcheri, Sakthikulangara Village, attacked the de facto complainant, hurled abuses at him and thereafter assaulted him with dangerous weapons like sword and caused a fracture to the left elbow of the de facto complainant and thus attempted to commit culpable homicide not amounting to murder.

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The applicant states that he is innocent and that the allegations are not true. Even going by the prosecution allegation, it is the first accused who had attached the de facto complainant with a dangerous weapon. There is no specific overt act attributed to the applicant, apart from being there to assault the de facto complainant in furtherance of common intention with the first accused. Hence, it is prayed

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BA 6442/2020

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that he may be released on anticipatory bail.

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Heard the learned counsel for the applicant and the learned Public Prosecutor.

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The learned Prosecutor points out that the applicant has one criminal case against him and is, therefore, a person with criminal antecedents and therefore he may not be released on anticipatory bail.

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Considering the role of the applicant in this particular case, I find that the main allegation is against the first accused who has used a weapon. The applicant was not wielding any weapon and therefore, there is nothing to be recovered from him and hence, custodial interrogation of the applicant is not necessary.

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In the result, the bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation, he shall be released on bail on the execution of a bond for 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 further conditions:

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(i) He shall appear before the investigating officer as and when called for and co-operate with the investigation.

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(ii) He shall not tamper with evidence or intimidate or influence the witnesses.

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BA 6442/2020

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(iii) He shall not get involved in any similar offence during the currency of the bail.

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In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail.

Sd/-

ASHOK MENON

JUDGE

Anandu Ghosh a v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anandu Ghosh a v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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