Allowed

P.V. Biju v. State of Kerala

Kerala HC9 Jul 2021Bail Appl./3450/2021

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C., the accused faced charges under Section 4 of the Explosive Substances Act. Having surrendered, the anticipating that no custodial interrogation is required, the Court allowed anticipatory bail.

What did the court decide?

Petitioner allowed anticipatory bail for Rs.50,000 with two sureties; must surrender within 10 days and abide by conditions.

P.V. Biju 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 FRIDAY, THE 9^TH DAY OF JULY 2021 / 18TH ASHADHA, 1943 BAIL APPL. NO. 3450 OF 2021 CRIME NO.289/2021 OF KANNUR TOWN POLICE STATION

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PETITIONER/ACCUSED:

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P.V. BIJU AGED 49 YEARS, S/O.RAGHAVAN AUTO DRIVER, PARAMBATH VEEDU, THAZHE CHOVVA, ELAYAVOOR AMSOM, CHOVVA POST, KANNUR DISTRICT KANNUR, PIN - 670006

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BY ADV P.K.RAVISANKAR

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RESPONDENT:

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

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BY.SMT.SREEJA V., ADV PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL.NO.3450 OF 2021

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O R D E R

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Petitioner is the sole accused in crime No.289/2021 of Kannur Town police station which was registered alleging offence under Section 4 of the Explosive Substances Act. The crime was registered on 02.04.2021, after seizing 20 numbers of explosive substances known as 'gundu' from a plastic bag in the residence of the petitioner. The petitioner has moved this application under Section 438 of the Cr.P.C. seeking anticipatory bail.

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It is submitted that by virtue of the interim order passed by this Court, he had surrendered before the Investigating Officer and made available for questioning, that his further interrogation is not necessary.

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The learned Public Prosecutor has submitted that eventhough he had surrendered, the source of the material objects could not be traced. Anyhow, it does not seem that his custodial interrogation is warranted.

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Therefore, the petitioner shall be at liberty to

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BAIL APPL.NO.3450 OF 2021

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surrender before the Investigating Officer within ten days from today and will make himself available for interrogation; if arrest is to be recorded, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.

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This bail application is allowed as above.

Sd/-

K.HARIPAL

JUDGE

nkr/09.07.2021

P.V. Biju v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.V. Biju v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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