Allowed

Sudheer v. Station House Officer

Kerala HC17 Nov 2022Bail Appl./8458/2022

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner, an accused in a criminal case involving offenses under Sections 341, 323, and 326 of the IPC. The court was satisfied that the dispute had been settled between the petitioner and the de facto complainant.

What did the court decide?

Petitioner released on anticipatory bail upon executing a bond of Rs. 50,000 with two solvent sureties and complying with specified conditions.

Sudheer Vs Station House Officer — 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 BECHU KURIAN THOMAS

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THURSDAY, THE 17^TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944

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BAIL APPL. NO. 8458 OF 2022

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PETITIONER/ACCUSED:

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SUDHEER AGED 51 YEARS SON OF SIVADASAN, DASBHAVAN, CHEVAYUR, KOZHIKODE, PIN - 673017 BY ADVS. R.BINDU (SASTHAMANGALAM) G.RAJAGOPAL (KUMMANAM)

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RESPONDENTS:

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1 STATION HOUSE OFFICER MEDICAL COLLEGE POLICE STATION,MEDICAL COLLEGE P.O., KOZHIKODE, PIN - 673008 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 3 AMBIKA .P. WIFE OF ASHOKAN, AMBIKA NIVAS, NEAR STAR CARE HOSPITAL, KUDILTHODU, THONDAYADU, MEDICAL COLLEGE, PUTHIYARA (P.O), KOZHIKODE, IS IMPLEADE AS ADDL.R3 AS PER ORDER DATED 8/11/2022 IN CRL.MA. 1/2022. BY ADVS. PUBLIC PROSECUTOR ANANTHAKRISHNAN A. KARTHA ANIL D.KARTHA(K/000029/1988) SURESH G.(K/736/1993) SHARATH ELDO PHILIP(K/1291/2016) SREEKUMAR G.(K/000318/2022) ANANTHASANKAR A. KARTHA(K/000565/2022)

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OTHER PRESENT:

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PP SRI.NOUSHAD K.A

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 8458 OF 2022

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BECHU KURIAN THOMAS, J.

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B.A.NO. 8458 of 2022

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Dated this the 17^th day of November, 2022

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ORDER

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Petitioner is the accused in Crime No.752/2022 of Medical College Police Station, Kozhikode District. He seeks anticipatory bail in this application under Section 438 of the Code of Criminal Procedure, 1973.

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The learned counsel for the petitioner as well as the learned counsel for the defacto complainant submitted that the matter has been settled between the parties and an affidavit dated 14-11-2022 to that effect has been submitted.

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The offences alleged against the petitioner are under Sections 341, 323 and 326 of the Indian Penal Code, 1860. I am satisfied that the petitioner and the defacto complainant have prima facie settled the criminal case amongst themselves.

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In view of the above, the petitioner is entitled to be released on anticipatory bail in the event of his arrest on the following conditions.

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(a) For complying investigation, petitioner shall appear before the Investigating Officer on 24-11-2022 and shall subject himself to interrogation.

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(b) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he shall be released on bail on him executing a

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BAIL APPL. NO. 8458 OF 2022

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bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

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

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(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members;

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(e) Petitioner shall not commit any similar offences while he is on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if

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any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

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BECHU KURIAN THOMAS

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JUDGE

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AJM/18/11/22

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BAIL APPL. NO. 8458 OF 2022

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APPENDIX OF BAIL APPL. 8458/2022

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PETITIONER ANNEXURES

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Annexure _1 FREE COPY OF THE ORDER PASSED BY THE COURT OF SESSION, KOZHIKODE IN CRIMINAL MISCELLANEOUS CASE NO. 1689/2022 DATED 15.10.2022 Annexure A2 TRUE COPY OF THE AFFIDAVIT DATED 27-102022 SWORN BY THE DEFACTO COMPLAINANT

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//TRUE COPY//

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PA TO JUDGE

Sudheer v. Station House Officer

Case brief

What is this about?

What did the court decide?

Sudheer v. Station House Officer

Case brief

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What did the court decide?

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