Allowed

Vineeth B. v. State of Kerala

Kerala HC15 Feb 2021Bail Appl./326/2021

Case brief

AI extract

What is this about?

In a pre-arrest bail application regarding offenses punishable under various sections of the IPC, the High Court of Kerala granted bail. The court held that custodial interrogation was unnecessary and allowed the applicant to surrender for investigation, with release on bail if arrested, subject to conditions and a bond.

What did the court decide?

Bail allowed pre-arrest; applicant to surrender within two weeks; if arrested, released on bond of Rs.50,000 with two sureties.

Vineeth B. Vs State of Kerala — Murder and Culpable Homicide | 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 ASHOK MENON

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MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

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Bail Appl..No.326 OF 2021

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CRIME NO.1460/2020 OF Neyyardam Police Station , Thiruvananthapuram

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PETITIONER/ACCUSED:

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VINEETH B. AGED 24 YEARS AATTARIKATHU VEEDU, KAANCHIMOODU, PANTHA P. O., NEYYAR DAM, KATTAKADA, THIRUVANANTHAPURAM 685572

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BY ADVS. SRI.SAMPATH V. TOMS SMT.SREENA B.S.

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031

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R1 BY SMT.V.SREEJA-PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.326/2021 2

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O R D E R

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Dated this the 15th day of February 2021

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The applicant is the 1st accused in Crime No.1460/2020 of Neyyardam Police Station,

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Thiruvananthapuram for having allegedly committed the offences punishable under Sections 143,144,147,149,294(b),341,323,324,325 and 308 of the Indian Penal Code (IPC).

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2. The prosecution case in brief is that, on 11.10.2020 at about 10 p.m., the applicant and 4 others who were all members of an unlawful assembly and in prosecution of the common object of the said assembly, the 2nd accused armed with a wooden reeper and assaulted the de facto complainant after wrongfully restrained him. He was also hurled with abuses by the accused. The allegation against the applicant is that he had fisted the de facto complainant on his nose

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causing a nasal bone fracture, a grievous injury.

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3. The applicant states that the allegations are not true and that the applicant has no criminal

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B.A.No.326/2021 3

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antecedents. Accused Nos.3 to 5 have already been arrested and the 2nd accused is a juvenile. Recovery was affected. Hence, the applicant seeks an order of pre-arrest bail.

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4. Heard the learned counsel for the applicant and the learned public prosecutor.

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5. The learned public prosecutor admits that the applicant has no criminal antecedents. The allegation attributed to the applicant herein who is the 1st accused in this case that she had boxed the de facto complainant causing a nasal bone fracture.

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6. After hearing both sides, and also considering the facts and circumstances of this case, I think the custodial interrogation of the applicant is not necessary in this case. Therefore, this applicant is allowed. The applicant shall surrender before the investigating officer within two weeks from today. After interrogation, in the event of her arrest, he 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 each for the like

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B.A.No.326/2021 4

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sum to the satisfaction of the investigating officer and on the following conditions:

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(i) The applicant shall appear before the Investigating Officer as and when

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called for.

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

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(iii) He shall not get involved in similar offences during the bail period.

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In case of the breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.

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Sd/ASHOK MENON

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pkk

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JUDGE

Vineeth B. v. State of Kerala

Case brief

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Vineeth B. v. State of Kerala

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