Allowed

Akhil Prasad, v. State of Kerala

Kerala HC18 Nov 2022Bail Appl./9201/2022

Case brief

AI extract

What is this about?

High Court of Kerala granted bail to two accused persons (petitioners) who were in judicial custody accused of offences under the IPC involving unlawful assembly and causing grievous hurt. The court granted release on conditions including bond deposit and restrictions on movement.

What did the court decide?

Petitioners released on bail by executing bond of Rs. 50,000 each with two solvent sureties for the like sum.

Akhil Prasad, 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 K. BABU

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FRIDAY, THE 18TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944

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BAIL APPL. NO. 9201 OF 2022

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AGAINST THE ORDER/JUDGMENTCRMP 4415/2022 OF DISTRICT & SESSIONS COURT,

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ALAPPUZHA

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CRIME NO. 496 OF 2022 OF VALLIKUNNAM, ALAPPUZHA DISTRICT

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PETITIONERS/ACCUSED 4,6:

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1AKHIL PRASAD,
AGED 23 YEARS
S/O SIVAPRASAD, AKHIL BHAVANAM, KARAZHMA MURI, VALLIKUNNAM
(4TH ACCUSED),ALAPPUZHA D.T, PIN - 690501
2ASIM
AGED 19 YEARS
S/O BIJU, ASIM MANZIL, KARAZHMA MURI, VALLIKUNNAM (6TH
ACCUSED), ALAPPUZHA D.T,, PIN - 690501
BY ADVS.
OMAR SALIM
ASHISH ABY DAVID
A.N.BIJU
ABDULLA ZIYAD

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RESPONDENTS/STATE:

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1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, KERALA,, PIN - 682031

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2STATION HOUSE OFFICER
VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT, PIN - 690501
BY ADV PUBLIC PROSECUTOR
SRI. ASHI. M.C (P.P)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

B.A No.9201 OF 2022

O R D E R

Dated this the 18^th day of November, 2022

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This is an application filed under Section 439 of the Code of Criminal Procedure.

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The petitioners are accused Nos.4 and 6 respectively in Crime No.496/2011 of Vallikkunnam Police Station, Alappuzha. This case has been registered alleging offences punishable under Sections 143, 144, 147, 148, 324, 326, 452 and 307 r/w Sec.149 of the Indian Penal Code.

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The prosecution case is that on 01.10.2022 at 3.30 a.m the petitioners and the other accused formed themselves into an unlawful assembly and in furtherance of the common object of the said assembly, they trespassed into the residence of the defacto complainant’s friend Sri. Akhil Sasankan and voluntarily caused grievous hurt to him by means of dangerous weapons.

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The petitioners were arrested on 07.10.2022 and 04.10.2022 respectively and have been in judicial custody since then.

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B.A No.9201 OF 2022

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

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The learned counsel for the petitioners submitted that the investigation is almost over and the other accused in this case had been granted bail by this Court.

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The learned Public Prosecutor opposed the bail plea of the petitioners.

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Having regard to the nature of the allegations, stage of the investigation and the tenure of judicial custody undergone by the petitioners and also the fact that the other accused were granted bail by this Court, I am of the view that the petitioners are entitled

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to be released on bail on conditions.

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In the result, the Bail Application is allowed as follows:

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

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(ii) They shall appear before the investigating officer Crime No.496 of 2022 of Vallikunnam Police Station, Alappuzha on all Saturdays at 11.00 a.m. until further orders.

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B.A No.9201 OF 2022

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(iii) They shall not enter the jurisdiction of Vallikunnam Police Station, Alappuzha for a period of four months except for complying with the conditions in the bail order or to attend any court proceedings.

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(iv)They shall not attempt to interfere with the investigation or to influence any witnesses in the above said crime.

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(v) They shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.496 of 2022 of Vallikunnam Police Station, Alappuzha may file an application before the jurisdictional court, for cancellation of bail.

K.BABU,

JUDGE

mtk

B.A No.9201 OF 2022

APPENDIX OF BAIL APPL. 9201/2022

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PETITIONER ANNEXURES
Annexure A1TRUE COPY OF ORDER DATED 10-11-2022 IN CRL. M.P.
NO. 4415/2022 (CRIME NO. 496/2022 OF VALLIKUNNAM
P.S ) PASSED BY COURT OF THE SESSIONS JUDGE,
ALAPPUZHA
Annexure A2TRUE COPY OF ORDER DATED 01-11-2022 IN CRL. M.P.
NO. 4370/2022 (CRIME NO. 496/2022 OF VALLIKUNNAM
P.S ) PASSED BY COURT OF THE SESSIONS JUDGE,
ALAPPUZHA

Akhil Prasad, v. State of Kerala

Case brief

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Akhil Prasad, v. State of Kerala

Case brief

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