Allowed

Riyas v. State of Kerala

Kerala HC21 Jun 2021Bail Appl./3328/2021

Case brief

AI extract

What is this about?

In CPC bail application, the petitioner sought and obtained anticipatory bail after the Court found no necessity for custodial interrogation despite allegations of stamping and weapon involvement, subject to standard conditions.

What did the court decide?

Anticipatory bail granted subject to appearance before IO within seven days, execution of bond with sureties, cooperation in investigation, and adherence to social distancing.

Riyas 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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MONDAY, THE 21^ST DAY OF JUNE 2021 / 31ST JYAISHTA, 1943 BAIL APPL. NO. 3328 OF 2021

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Crime No.468/2021 of Chadayamangalam Police Station, Kollam PETITIONER/S:

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RIYAS AGED 35 YEARS RIYAS MANZIL, KARALIKONAM, ARKANNOOR, ELAMADU VILLAGE, KOLLAM DISTRICT KOLLAM, PIN - 691533

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BY ADVS. K.SIJU SMT.S.SEETHA SMT.ANJANA KANNATH

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

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2 STATION HOUSE OFFICER CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT KOLLAM, PIN - 691534

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OTHER PRESENT:

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PP - SMT. SREEJA V.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 3328 OF 2021

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ORDER

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Heard the learned counsel for the

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petitioner. The petitioner is the second

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accused in crime No.468/2021 of Chadayamangalam Police Station which was registered alleging offences punishable under Sections 294(b), 506, 451, 341, 323, 324, 308 and 34 IPC. According to the learned counsel for the petitioner, the allegation against the second accused is that he had stamped the defacto complainant. According to her, there is no allegation that the petitioner had used any weapon against the defacto complainant. Therefore, his custodial interrogation can not be

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insisted. The first accused has already been

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BAIL APPL. NO. 3328 OF 2021

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arrested and recovery is effected. According to the learned Public Prosecutor the weapon has already been recovered. In the said circumstances, I do not think that custodial interrogation of the petitioner is

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necessary. That means, this is a fit case for granting anticipatory bail to the petitioner under Section 438 of the Cr.P.C. Therefore, in the event of the petitioner surrendering before the Investigating Officer, he shall be released on bail on the following conditions:-

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i) The petitioner shall appear before the Investigating Officer within seven days from today and

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BAIL APPL. NO. 3328 OF 2021

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will make himself available for

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interrogation;

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ii) In the event of arrest, the

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petitioner shall be released on bail on his executing a bond for

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Rs. 50,000/-(Rupees Fifty

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Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer;

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iii) He shall co-operate with investigation, shall not try to contact or influence the witnesses or tamper with the

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evidence;

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BAIL APPL. NO. 3328 OF 2021

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iv) He shall not involve himself

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in any crime during the period

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on bail;

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v) He shall appear before the Investigating Officer/Court as and when required;

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vi) He shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

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vii) If any of the above conditions are violated by the petitioner, the jurisdictional court shall be at liberty to

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BAIL APPL. NO. 3328 OF 2021

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cancel the bail, in accordance

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with law.

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sd/- K. HARIPAL, JUDGE

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STK

Riyas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Riyas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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