Allowed

Vishal Babu v. State of Kerala

Kerala HC15 Mar 2022Bail Appl./762/2022

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to the petitioner, first accused in a trespass and assault case, subject to conditions including execution of a bond, appearance before the investigating officer, and not contacting the complainant.

What did the court decide?

Petitioner released on anticipatory bail subject to execution of bond with sureties, appearance before IO, and restrictions on contacting complainant.

Vishal Babu Vs State of Kerala — Anticipatory Bail | 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. TUESDAY, THE 15^TH DAY OF MARCH 2022 / 24TH PHALGUNA, 1943

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BAIL APPL. NO. 762 OF 2022

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CRIME NO.2609/2021 OF CHANGANASSERY POLICE STATION, KOTTAYAM

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PETITIONER/ACCUSED NO.1:

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VISHAL BABU,AGED 29 YEARS S/O BABU, ATTUPURATHE HOUSE, PANANCHIKAVU.P.O., PERUMPUZHAKADAVU, CHANGANACHERY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT , PIN - 686102

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BY ADVS. M.P.MADHAVANKUTTY MATHEW DEVASSI ANANTHAKRISHNAN A. KARTHA

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RESPONDENT/STATE AND COMPLAINANT:

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

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BY ADV PUBLIC PROSECUTOR

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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 15.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.762/2022

ORDER

This is an application for anticipatory bail.

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The petitioner is the 1^st accused in Crime No.2609/2021 of Changanassery Police Station, Kottayam District alleging commission of offences under Sections 294(b), 324, 341, 452 and Section 34 of the Indian Penal Code.

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The allegation is that the petitioner along with the other accused trespassed into the house of the de facto complainant and attacked him and his family.

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The learned counsel appearing for the petitioner submits that the allegations raised against the petitioner and the other accused are totally false. It is submitted that there was a wordy altercation between the petitioner and the de facto complainant on the road outside the de facto complainant's house and the petitioner had no occasion whatsoever to trespass into the house of the de facto complainant and to commit any offence. It is submitted that the only non-bailable offence alleged against the petitioner is that under Section 452 of the Indian Penal Code. It is submitted that the said offence, at any rate, is not attracted as the petitioner had not trespassed into the house of the de facto complainant.

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Heard the learned Public Prosecutor also.

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The learned Public Prosecutor opposes the grant of bail. It is

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submitted that the contents of the First Information Statement indicate that

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B.A.No.762/2022

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the petitioner had committed the offences alleged against him. It is submitted that the petitioner is not entitled to anticipatory bail as his interrogation is absolutely necessary in the matter.

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Having regard to the facts and circumstances of the case and considering the fact that the only non-bailable offence alleged against the petitioner is that under Section 452 of the Indian Penal Code, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No. 2609/2021 of Changanassery Police Station, subject to the following conditions:-

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(i) Petitioner shall execute a 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 in Crime No.2609/2021 of Changanassery Police Station, at 10 a.m. on 23.3.2022 and thereafter whenever called upon to do so;

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(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 2609/2021 of Changanassery Police Station,;

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

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B.A.No.762/2022

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 2609/2021 of Changanassery Police Station, may file an application before the jurisdictional Court for cancellation of bail.

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SD/-

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GOPINATH P. JUDGE

acd

B.A.No.762/2022

APPENDIX OF BAIL APPL. 762/2022

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PETITIONER ANNEXURES

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Annexure1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 2609/2021 BEFORE THE CHANGANACHERRY POLICE STATION, KOTTAYAM Annexure2 THE TRUE COPY OF THE ORDER IN CRL. M.P. NO. 94/2022 BEFORE THE SESSIONS COURT, KOTTAYAM DATED 22.01.2022

Vishal Babu v. State of Kerala

Case brief

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Vishal Babu v. State of Kerala

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