Allowed

Aniyan @ Anilkumar, v. State of Kerala

Kerala HC22 Dec 2021Bail Appl./8450/2021

Case brief

AI extract

What is this about?

High Court allowed anticipatory bail to petitioners accused in a dispute case. Directed surrender within two weeks and release on bail after interrogation upon execution of bond and sureties. Imposed standard conditions including appearance, no witness tampering, and no new offences.

What did the court decide?

Bail allowed; direction to surrender within two weeks; release on bail after interrogation on bond of Rs. 50,000 and two sureties for similar amount.

Aniyan @ Anilkumar, 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 P.G. AJITHKUMAR

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WEDNESDAY, THE 22^ND DAY OF DECEMBER 2021 / 1ST POUSHA, 1943

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BAIL APPL. NO. 8450 OF 2021

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CRIME NO.1239 OF 2021 OF KEEZHVAIPUR POLICE STATION,

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PATHANAMTHITTA

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PETITIONERS:

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1 ANIYAN @ ANILKUMAR, AGED 50 YEARS, S/O. DAVID, MYLAMON CHORAKUTTICKAL VEEDU, PALACKATHAKIDI, KUNNAMTHANAM (PO.), THIRUVALLA.

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2 AMAL KUMAR, AGED 24 YEARS, S/O. ANIYAN, MYLAMON, CHORAKUTTICKAL VEEDU, PALACKATHAKIDI, KUNNAMTHANAM (PO.), THIRUVALLA.

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BY ADV NIREESH MATHEW

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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SRI M.C.ASHI-PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2021, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

B.A.No.8450 of 2021

P.G. AJITHKUMAR, J.

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-----------------------------------------------------------

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B.A.No. 8450 of 2021

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----------------------------------------------------------Dated this the 22^nd day of December, 2021

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O R D E R

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This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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The petitioners are accused Nos.1 and 2 in Crime No.1239 of 2021 of Keezhvaipur Police Station. The offences alleged are under Sections 143, 147, 451, 294(b), 341, 323, 324 and 506(i) read with Section 149 of the I.P.C.

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The petitioners have approached the Sessions

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Court, Pathanamthitta by filing Crl.M.P.No.1848 of 2021. The learned Sessions Judge as per Annexure-1 dismissed the petition holding that an offence under Section 452 of the I.P.C. is also made out from the allegations levelled against the petitioners in the F.I. Statement.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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B.A.No.8450 of 2021

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I do not find any reason to interfere with the said observation made in Annexure-1. However, considering the facts and circumstances of the case, I am of the view that custodial interrogation of the petitioners is not seen absolutely necessary.

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In such circumstances, this bail application is allowed and the petitioners are directed to surrender before the investigating officer within two weeks. After interrogation and in the event of their being arrested, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

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(i) Once released on bail, they shall appear before the Investigating Officer as and when called for;

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(ii) They shall not influence or intimidate witnesses or tamper with evidence; and

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(iv) During the bail period, they shall not get involved in any offence.

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B.A.No.8450 of 2021

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

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

Aniyan @ Anilkumar, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aniyan @ Anilkumar, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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