Allowed

Pramod Prathapan v. State of Kerala

Kerala HC14 Jul 2023Bail Appl./1499/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a bail application filed by an accused charged with violence against police personnel and traffic offenses. Considering the nature of allegations, the Court allowed anticipatory bail with a unique condition requiring limited custody for interrogation, followed by release on a bond with sureties.

What did the court decide?

Anticipatory bail allowed on conditions of surrender for limited custody interrogation within three weeks, release on bond of Rs. 1,00,000/- with sureties, and cooperation with investigation.

Pramod Prathapan Vs State of Kerala — Bail and Remand | Kerala HC (2023)

¶1

¶2

BAIL APPL. NO. 1499 OF 2023

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶4

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
BAIL APPL. NO. 1499 OF 2023

¶5

PETITIONER/ACCUSED NO.2:

¶6

PRAMOD PRATHAPAN
AGED 27 YEARS
SON OF PRATHAPAN, HOUSE NO.4/540, KARIPPALAM,
MATTANCHERY, ERNAKULAM DISTRICT, PIN - 682002
BY ADVS.
C.C.ANOOP
BOBY THOMAS
PAULSON P.J.
GIJEESH PRAKASH
UDAYAKUMAR A.G.

¶7

RESPONDENT/COMPLAINANT:

¶8

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

¶9

2 THE STATION HOUSE OFFICER FORT COCHIN POLICE STATION, ERNAKULAM DISTRICT, PIN - 682001

¶10

OTHER PRESENT:

¶11

ADV SEETHA S- SR PP

¶12

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

BAIL APPL. NO. 1499 OF 2023

¶14

¶15

ZIYAD RAHMAN, A.A, J

¶16

Dated this the 14th day of July, 2023

¶17

The petitioner is the second accused in Crime No.132/2023 of Fort Kochi Police Station, Ernakulam District. The said crime was registered for the offences punishable under Sections 323, 324, 353, 333 read with Section 34 of the Indian Penal Code, Section 118 (e) of Kerala Police Act and Sections 194 D, 188, 132, 179 of the Motor vehicles Act.

¶18

The prosecution case is that, on 28.01.2023 at about 23.15 pm while the petitioner was travelling as a pillion rider on a motor cycle, being ridden by the first accused, through Fort Kochi Manthara SS Krishna road, the defacto complainant/ police personnel asked them to stop the vehicle as they travelling without wearing helmet. However, the petitioner allegedly instigated the first accused not to stop the vehicle, and when the defacto complainant attempted to stop the vehicle, they pushed him down and he fell on the road. In the said incident, he sustained injuries on his face, hands, knees

¶19

¶20

BAIL APPL. NO. 1499 OF 2023

¶21

and also fracture on his right hand.

¶22

The crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of the said case, this application for anticipatory bail is submitted in such circumstances.

¶23

Heard Sri.C.C Anoop, the learned counsel appearing for the petitioners and Seetha S, the learned Senior Public Prosecutor appearing for the State.

¶24

I have carefully gone through the nature of the allegations. It is true that there is some allegations against the petitioner. However, from the nature of allegations, I do not find that any custodial interrogation is required for the purpose of the investigation. In such circumstances, I am of the view that, limited custody for the purpose of interrogation would serve the ends of justice.

¶25

In the result, the application is allowed on the following conditions:-

¶26

i) The petitioner shall surrender before the Investigating Officer, within a period of three weeks from today, for subjecting himself to interrogation.

¶27

BAIL APPL. NO. 1499 OF 2023

¶28

¶29

ii) After interrogation, the petitioner shall be released on bail on the very same day of surrender upon the petitioner executing a bond for Rs 1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the Investigating Officer.

¶30

iii) The petitioner shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for the purpose of recovery, if any, as and when demanded.

¶31

iv) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.

¶32

v) The petitioner shall appear before the Investigating Officer as and when required.

¶33

vi) The petitioner shall not commit any offence of similar nature while on bail.

¶34

vii) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the

¶35

¶36

BAIL APPL. NO. 1499 OF 2023

¶37

investigation.

¶38

viii) The petitioner shall not leave India without the permission of the Jurisdictional Court.

¶39

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.

¶40

sd/-

¶41

ZIYAD RAHMAN, A.A, JUDGE

¶42

R.AV

Pramod Prathapan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pramod Prathapan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.R. Neethu Vs State of Kerala

Babu Varghese Vs State of Kerala

Nobel Lopez. B @ Nobel Nobert Vs State of Kerala

Xxx Vs State of Kerala

Pratheesh, Vs State of Kerala

Muhammed Rinshad.a.K ., Vs State of Kerala