Allowed

Sanal@Koniyan v. State of Kerala

Kerala HC1 Sept 2022Bail Appl./6151/2022

Case brief

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What is this about?

This judgment grants anticipatory bail to two accused persons facing arrest in a criminal case involving offences under various sections of the IPC, including assault and molestation. The Court granted bail subject to stringent conditions including appearance for interrogation, execution of bail bonds with sureties, cooperation with investigation, and prohibitions on tampering with witnesses or le

What did the court decide?

Petitioners granted anticipatory bail on conditions including appearance for interrogation, execution of bond with sureties, cooperation with investigation, and prohibition on influencing witnesses or

Sanal@Koniyan Vs State of Kerala — Bail and Remand | 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 BECHU KURIAN THOMAS

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THURSDAY, THE 1^ST DAY OF SEPTEMBER 2022 / 10 TH BHADRA, 1944

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BAIL APPL. NO. 6151 OF 2022

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[CRIME NO.919/2022 OF VARKALA POLICE STATION,

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THIRUVANANTHAPURAM]

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PETITIONERS/ACCUSED 2 AND 3:

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1 SANAL@KONIYAN AGED 25 YEARS S/O CHANDRAN, KANJIRA VILA, THACHANKONAM, VARKALA, THIRUVANANTHAPURAM DISTRICT., PIN – 695141. 2 KIRAN AGED 24 YEARS S/O VIJAYAN, CHARUVILA VEEDU, KANAL PURAMBOKKU, RAMANTHALLI, VARKALA, THIRUVANANTHAPURAM DISTRICT., PIN - 695141 BY ADV P.ANOOP (MULAVANA)

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RESPONDENT:

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

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PP SMT.M.K PUSHPALATHA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 6151/2022

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BECHU KURIAN THOMAS, J

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......…..................................

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B.A.No.6151 of 2022

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….................................. Dated this the 1st day of September, 2022

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ORDER

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Apprehending arrest in Crime No.919/2022 of Varkala

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Police Station, Thiruvananthapuram District alleging offences punishable under Section Sections 447, 294(b), 323, 324, 325, 354, 354(A)(ii), 354A(i)(iv) r/w 34 of the Indian Penal Code, 1860; this petition is filed seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

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Sri.P.Anoop, the learned counsel for the petitioners and Smt.M.K.Pushpalatha, the learned Public Prosecutor were heard.

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The prosecution case is that, in connection with the scuffle between the 1 st accused and the husband of the defacto complainant, petitioners herein attacked the defacto complainant by hitting her and pressed the chest portion and also showed his private parts to the defacto complainant, thereby committing the offences alleged.

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BAIL APPL. NO. 6151/2022

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The contentions advance on behalf of the petitioners was

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that the entire prosecution allegations against the petitioners are false and the incident as alleged had never occurred.

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Considering the nature of the offence and the circumstances arising in the case, this Court is of the view that in the event of arrest of the petitioner, they shall be released on bail on the following conditions:

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(i) Petitioners shall appear before the Investigating Officer

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on 06.09.2022 and shall subject themselves to interrogation.

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(ii) If after interrogation, the Investigating Officer proposes to arrest the petitioners, then, they shall be released on bail on them executing a bond for a sum of Rs.50,000/[Rupees fifty thousand only] each with two solvent sureties

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each for the like sum to the satisfaction of the jurisdictional court.

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(iii) Petitioners shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

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(iv) Petitioners shall not intimidate or attempt to influence

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BAIL APPL. NO. 6151/2022

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the witnesses; nor shall they tamper with the evidence.

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(v) Petitioners shall not commit any similar offences while

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they are on bail.

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(vi) Petitioners shall not leave India without the

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permission of the Court having jurisdiction.

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In case of violation of any of the above conditions, the

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jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

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The bail application is allowed as above.

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BECHU KURIAN THOMAS JUDGE

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AMV/02/09/2022

Sanal@Koniyan v. State of Kerala

Case brief

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Sanal@Koniyan v. State of Kerala

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