Allowed

Vasantha v. State of Kerala

Kerala HC5 Jul 2021Bail Appl./3344/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to four accused persons under Section 438 CrPC alleging involvement in an affray causing grievous hurt involving irons rods. The court imposed conditions including a surrender within ten days and posting of bonds.

What did the court decide?

The petitioners are at liberty to surrender before the Investigating Officer within ten days and will be released on bail upon executing bonds.

Vasantha Vs State of Kerala — Bail and Remand | 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 5^TH DAY OF JULY 2021 / 14TH ASHADHA, 1943 BAIL APPL. NO. 3344 OF 2021

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CRIME NO. 154/2021 OF BADIADUKKA POLICE STATION, KASARGOD

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PETITIONERS/ACCUSED:

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1 VASANTHA AGED 28 YEARS HOSAGADDE HOUSE, SHENI VILLAGE KASARAGOD DISTRICT, KASARGOD, PIN – 671121 2 SUDHAKARA B.P AGED 33 YEARS S/O SEETHARAMA, BADOOR HOUSE, BADOOR VILLAGE KASARAGOD DISTRICT, KASARGOD, PIN – 671121 3 ABDUL NAFI B.M AGED 23 YEARS S/O MOHAMMED KUNHI BOLMARU HOUSE, BADOOR VILLAGE KASARAGOD DISTRICT, KASARGOD, PIN – 671121 4 AHAMMED HARIS C.A AGED 24 YEARS S/O ABDULLA CHEVA HOUSE, BADOOR VILLAGE KASARAGOD DISTRICT, KASARGOD, PIN – 671121 BY ADVS. I.V.PRAMOD SRI.K.V.SASIDHARAN SMT.SAIRA SOURAJ P.

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN – 682031 BY SMT. SREEJA V., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Bail Appl.No.3344 OF 2021 2

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ORDER

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The petitioners are accused Nos.1 to 4 in Crime No. 154/2021 of Badiadukka Police Station which was re-registered as Crime No. 185/2021 of Kumbala Police Station, Kasargod district. The alleged incident had happened on 06.04.2021 at 19.30. hours. It is alleged that petitioners along with ten others, who are CPI(M) workers had formed into an unlawful assembly and in prosecution of their common object, armed with deadly weapons, attacked and injured the defacto complainant who was travelling on a motor cycle and caused him grievous hurt. Now offences under Sections 143, 147, 148, 308, 341, 324, 326, 427 read with 149 of the Indian Penal Code are alleged against the petitioners and other ten identifiable persons. Apprehending arrest, they have moved this Court under Section 438 of the Code of Criminal Procedure.

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I heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

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The learned Public Prosecutor has submitted that

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there are specific allegations against accused Nos. 1 and 2 who

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Bail Appl.No.3344 OF 2021 3

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had allegedly used iron rods against the defacto complainant. He had sustained grievous hurt. Whatever it may be, the learned Public Prosecutor has added that the iron rods which were used by petitioners 1 and 2 have already been recovered under a mahazar. Even though the defacto complainant has sustained serious injuries, in the nature of the allegations, the custodial interrogation is not necessary, since the weapon of offence has already been seized. Moreover, the petitioners have offered to co-operate with the investigation. Even if any question of identification arises, that can be addressed at the time when the petitioners surrender before the Investigating Officer, or calling their presence, as and when necessary.

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That means, the petitioners shall be at liberty to surrender before the Investigating Officer within ten days from today and will make themselves available for interrogation; in the event of arrest, they shall be released on bail on executing bonds for Rs.50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; they shall co-operate with the investigation; shall not try to contact or influence the witnesses

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Bail Appl.No.3344 OF 2021 4

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or tamper with the evidence and shall not involve in any crime

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during the period on bail.

Sd/-

K.HARIPAL

JUDGE

DCS/06.07.2021

Vasantha v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vasantha v. State of Kerala

Case brief

What is this about?

What did the court decide?

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