Allowed

Akhin Sree@ Akhil v. State of Kerala

Kerala HC4 Mar 2022Bail Appl./439/2022

Case brief

AI extract

What is this about?

High Court of Kerala granted anticipatory bail to the 1st accused in a case alleging offences under IPC sections including criminal trespass, subject to bond execution and specific conditions like not interfering with investigation.

What did the court decide?

Anticipatory bail granted subject to execution of bond, appearance before investigating officer, and conditions not to interfere with investigation or commit other crimes.

Akhin Sree@ Akhil Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2022)

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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 GOPINATH P.

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FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943

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BAIL APPL. NO. 439 OF 2022

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CRIME NO. 2267/2021 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT

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PETITIONER/1ST ACCUSED:

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AKHIN SREE @ AKHIL
AGED 46 YEARS
S/O. VASUDEVAN PILLAI, KARTHIKA, THATHAMUNNA MURI,
NOORANADU VILLAGE, ALAPPUZHA DISTRICT-690 504

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BY ADVS.

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RASHEED C.NOORANAD
M.N.ANITHA

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RESPONDENT/STATE AND COMPLAINANT:

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1STATE OF KERALA
REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031

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2STATION HOUSE OFFICER,
ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT-691 523

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 439 OF 2022 2

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ORDER

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This is an application for anticipatory bail.

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Petitioner is the 1^st accused in Crime No. 2267/2021 of Adoor Police Station, Pathanamthitta District alleging commission of offences under Sections 143, 144, 146, 147, 148, r/w Section 149, 452, 427, 294 (b), 341, 323, 506(II) of the Indian Penal Code.

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The allegation against the petitioner is that the petitioner along with several others trespassed into the courtyard of the house of the de facto complainant, used abusive language, wrongfully restrained the de facto complainant and committed mischief by destroying a window glass of the de facto complainant’s house resulting in financial loss to the de facto complainant.

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Learned counsel appearing for the petitioner submits that the de facto complainant is none other than the brother-in-law (sister’s husband) of the petitioner/1st accused. It is submitted that the only non bailable offence alleged is that under Section 452 of the IPC. It is submitted that the petitioner had gone to the house of the de facto complainant in order to settle some family issues between them and there was no

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BAIL APPL. NO. 439 OF 2022 3

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criminal trespass attracting the offence under Section 452 of IPC. Since all the other offences alleged are bailable, the petitioner is entitle to anticipatory bail, as the offence under Section 452 is clearly not attracted, is the submission.

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I have heard the learned Public Prosecutor also.

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The learned Public Prosecutor points out the circumstances of the case from the record. On a pointed question from the Court, it is submitted that the petitioner has no criminal antecedents.

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Having regard to the facts and circumstances of the case and considering the nature of the allegation, I am prima facie satisfied that the offence under Section 452 of the IPC may not be attracted. Therefore, I am of the view that the petitioner

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can be granted anticipatory bail subject to the following conditions.

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(i) Petitioner shall execute bond for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall appear before the investigating officer

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in Crime No. 2267/2021 of Adoor Police Station, Pathanamthitta District as and when summoned to do so;

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BAIL APPL. NO. 439 OF 2022 4

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(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 2267/2021 of Adoor Police Station, Pathanamthitta District;

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(iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No. 2267/2021 of Adoor Police Station, Pathanamthitta District may file an application before the jurisdictional Court, for cancellation of bail.

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Any observation in this order is only for the purpose of considering the entitlement of the petitioner for bail and shall not be treated as a finding by this Cout on any point.

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Sd/-

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 GOPINATH P.

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 JUDGE

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ats

Akhin Sree@ Akhil v. State of Kerala

Case brief

What is this about?

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Akhin Sree@ Akhil v. State of Kerala

Case brief

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