Allowed

Ramsudheen M.R @Achu v. State of Kerala

Kerala HC23 Nov 2020Bail Appl./6563/2020

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C., the court allowed anticipatory bail and directed the applicant to surrender within two weeks, granting bail on arrest upon execution of a bond and complying with specific conditions.

What did the court decide?

Anticipatory bail allowed; directed to surrender within two weeks; released on bail on arrest if arrested, upon bond execution and compliance with conditions.

Ramsudheen M.R @Achu Vs State of Kerala — Anticipatory Bail | 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 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942

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Bail Appl..No.6563 OF 2020

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CRIME NO.821/2020 OF Kareelakulangara Police Station , Alappuzha

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PETITIONER/S:

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RAMSUDHEEN M.R @ACHU AGED 20 YEARS MADANAPPU HOUSE, CHOOTHAMKULAM, VADAKKEKAD, THRISSUR DISTRICT, KERALA 679562

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BY ADV. SRI.RENJIT GEORGE

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031 2 SUB INSPECTOR OF POLICE KAREELAKULANGARA POLICE STATION, KAREELAKULANGARA, ALAPPUZHA DISTRICT 690572

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6563 OF 2020 2

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O R D E R

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Dated this the 23rd day of November 2020

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Application for anticipatory bail under Section 438 of Cr.P.C.

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The applicant is the 3^rd accused in Crime No.821/2020 of Kareelakulangara Police Station for having allegedly committed offences punishable under Sections 328, 365, 323, 324, 506 r/w Section 34 of IPC.

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The prosecution case, in brief, is that owing to previous enmity with the de facto complainant, the applicant in furtherance of common intention with the other two accused kidnapped the de facto complainant on a motorcycle to a house near Elemecs Hospital and wrongfully restrained him and thereafter assaulted him with hands, when the de facto complainant asks for water, the 1^st accused allegedly poured some alcohol into his mouth, which was an intoxicating drink and thereafter the 1^st accused also hit him on his face with a wooden stick and intimidated him.

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The applicant states that the allegations are not true and that he is innocent. He has no criminal antecedents. The main

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allegation of having assaulted the de facto complainant and also

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Bail Appl..No.6563 OF 2020 3

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poured liquor into his mouth is attributed to the 1^st accused, who was already arrested and granted regular bail. The 2^nd accused was also granted anticipatory bail. Hence the applicant seeks

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anticipatory bail.

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

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The learned Public Prosecutor admits that the applicant has

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no criminal antecedents.

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Since the main role of the applicant is only in kidnapping the de facto complainant and because the assault was entirely by the 1^st accused, I find no reason to incarcerate the applicant for any purpose of investigation. Hence the applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, he shall be released on bail on 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 following conditions:

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(i) He shall appear before the investigating officer as and when called for.

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Bail Appl..No.6563 OF 2020 4

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(ii) He shall not also attempt to influence the witnesses or

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tamper with evidence.

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(iii) He shall not get involved in any other similar crimes

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during the currency of the bail.

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In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.

SD/-

ASHOK MENON

JUDGE

rmm

Ramsudheen M.R @Achu v. State of Kerala

Case brief

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Ramsudheen M.R @Achu v. State of Kerala

Case brief

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What did the court decide?

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