Allowed

Ananthu, v. State of Kerala

Kerala HC15 Jun 2023Bail Appl./2152/2023

Case brief

AI extract

What is this about?

High Court of Kerala granted pre-arrest bail to petitioners accused of assault. Bail allowed subject to personal appearance, cooperation with investigation, non-intimidation of witnesses, non-committal of further offences, and restriction on leaving India without permission.

What did the court decide?

Bail allowed on personal bond of Rs.50,000 each with two sureties for similar sum, subject to specified conditions including appearance and cooperation with police.

Ananthu, Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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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 15TH DAY OF JUNE 2023 / 25TH JYAISHTA, 1945

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BAIL APPL. NO. 2152 OF 2023

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CRIME NO. 208 OF 2023 OF CHAVARA POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED NOS. 2 AND 3:

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1ANANTHU,
AGED 27 YEARS
S/O SETHU, ANANTHU VILASOM, VDUTHALA, PANMANA, KOLLAM,
PIN - 691583

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2SETHU.G
AGED 52 YEARS
S/O GOPALAKRISHNAN, ANANTHU VILASOM, VDUTHALA, PANMANA,
KOLLAM, PIN - 691583

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BY ADVS.
PRATHEESH.P
AMAR PRASANTH G.
ANJANA KANNATH

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RESPONDENTS/STATE:

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

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2 THE STATION HOUSE OFFICER, CHAVARA POLICE STATION, KOLLAM DISTRICT, PIN - 691583

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3 SANIL KUMAR ( SOUGHT TO BE IMPLEADED ) S/O SASIDHARAN, RESIDING AT 642 C, SANIL BHAVANAM, 6, PANMANA PANCHAYATH, KARUNAGAPPALLY, KOLLAM ( SOUGHT TO BE IMPLEADED )

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BY ADV THARA JOHNSON

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 2152 OF 2023

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BECHU KURIAN THOMAS, J.

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B.A.No. 2152 of 2023

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Dated this the 15^th day of June, 2023

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ORDER

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This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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Petitioners are accused Nos. 2 and 3 in Crime No.208 of 2023 of Chavara Police Station, Kollam District, alleging offences punishable under Sections 341, 323, 324, 308 and 326 r/w Section 34 of the Indian Penal Code, 1860.

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According to the prosecution, on 5-02-2023 at 8.30.pm when the defacto complainant was travelling in a scooter, the accused waylaid the defacto complainant and brutally assaulted him with a stick and the defacto complainant sustained serious fractures and the accused committed the offences alleged.

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I have heard the learned counsel for the petitioners as well as the learned counsel for the defacto complainant apart from the learned Public Prosecutor.

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The modesty of the wife of the 1^st petitioner (2nd accused) was outraged by the defacto complainant for which Crime No.14/2023 was registered. Though he was released on bail on the same day in the said case, Petitioners are alleged to have been on inimical terms due to the

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BAIL APPL. NO. 2152 OF 2023

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said incident. It was due to this enmity that they formed themselves into a group and assaulted the defacto complainant.

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Even though the allegations against the accused are serious in nature, considering the nature of the overt acts alleged against the petitioners, I am of the view that limited custody would suffice the investigation.

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Accordingly, this application is allowed on the following conditions:

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(a) Petitioners shall appear before the Investigating Officer on 23-06-2023 and shall subject themselves to interrogation.

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b) If after interrogation, the Investigating Officer proceeds to arrest the petitioners, then, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum before the Investigating Officer.

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

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(d) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

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(e) Petitioners shall not commit any similar offences while they are on bail.

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(f) Petitioners shall not leave India without the permission of the

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BAIL APPL. NO. 2152 OF 2023

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Court having jurisdiction.

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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 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 JUDGE

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AJM/15/6/23

Ananthu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ananthu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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