Allowed

Binu v. State of Kerala

Kerala HC14 Jul 2021Bail Appl./1911/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to a petitioner, an autorikshaw driver, apprehending arrest in a theft case where he claimed no direct role. The court imposed conditions demanding appearance before the Investigating Officer within ten days, execution of bond, and cooperation with investigation.

What did the court decide?

Petitioner allowed to surrender before Investigating Officer within ten days and released on bail on executing bond with sureties.

Binu Vs State of Kerala — Anticipatory Bail | Kerala HC (2021)

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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 K.HARIPAL

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WEDNESDAY, THE 14^TH DAY OF JULY 2021 / 23RD ASHADHA, 1943

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BAIL APPL. NO. 1911 OF 2021

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PETITIONER:

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BINU AGED 32 YEARS KALLUMALA PUTHEN VEEDU, SAMUDRA, KOVALAM, THIRUVANANTHAPURAM. THIRUVANANTHAPURAM, PIN - 695027 BY ADV G.SUDHEER

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 MANEESH AGED 29 YEARS TC 67/287, PUTHENVEEDU, THOPPADI, PACHALLOOR, THIRUVALLOM P.O., THIRUVANANTHAPURAM. THIRUVANANTHAPURAM, PIN - 695027 BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SR.PP - SRI. SANTHOSH PETER

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Bail Appl.No.1911 OF 2021

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ORDER

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Apprehending arrest in Crime No. 1275 of 2020 of Thiruvallam police station, the petitioner has moved this Court under Section 438 of the Cr.P.C.

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The learned counsel for the petitioner submits that,

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petitioner is an autorikshaw driver in Kovalam, that, in June 2020 he happened to take two tourists, Binoy Das and Poonam Das hailing from Goa to a textile showroom run by the wife of the defacto complainatnt. Meanwhile, the defacto complainant and those persons got acquainted with; taking advantage of such an acquaintance, they hired the vehicle of the said Poonam Das, in the pretext of taking the child to a hospital in Kollam. Later, the vehicle was taken away by them for which the crime was registered. At the most what the petitioner had done was to introduce the said Binoy Das and Poonam Das to the defacto complainant and he has no role in the theft of the vehicle. The learned counsel also relied on Annexure-2 complaint which was claimed to have been given by the wife of the defacto complainant

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Bail Appl.No.1911 OF 2021 3

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before the Sub Inspector, Thiruvallom, where the name of the petitioner is not shown. According to him, it is after a second thought that he has been arrayed as an accused in the crime. He has no role whatsoever in the alleged commission of the crime.

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I heard the learned Public Prosecutor also. On instruction, the learned Public Prosecutor has submitted that such a complaint as Annexure-2 is not received in Thiruvallam police station, that the crime was registered on the basis of a complaint preferred before the City Police Commissioner, Thiruvananthapuram. Whatever it may be, the petitioner is a native of Thiruvananthapuram, having permanent residence in the district. He is prepared to co-operate with the investigation. In the nature of the allegations it does not seem that his custodial interrogation is warranted.

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Therefore, it is opened him to surrender before the Investigating Officer within ten days from today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand rupees only) with two solvent sureties each for the like sum to the satisfaction of the

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Bail Appl.No.1911 OF 2021 4

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Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with evidence and shall not

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involve in any crime during the period on bail.

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Bail Application is allowed as above.

Sd/-

K. HARIPAL

JUDGE

RMV/14/07/2021

Binu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Binu v. State of Kerala

Case brief

What is this about?

What did the court decide?

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