Allowed

Vysakh M, v. State of Kerala

Kerala HC14 Jun 2023Bail Appl./2682/2023

Case brief

AI extract

What is this about?

Elven Kerala HC bench allowed pre-arrest bail to the petitioner, who was the 5th accused in a case under various IPC sections, subject to six conditions including appearance before the IO, cooperation in investigation, and restriction on leaving India.

What did the court decide?

Bail allowed on conditions including appearance before IO, bond of Rs.50,000 with two sureties, cooperation with investigation, and prohibition on leaving India without permission.

Vysakh M, 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
WEDNESDAY, THE 14TH DAY OF JUNE 2023 / 24TH JYAISHTA,

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1945

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BAIL APPL. NO. 2682 OF 2023

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PETITIONER/5TH ACCUSED :

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VYSAKH M,
AGED 20 YEARS
S/O MADHUSOODANAN, 'VAISHANAVAM',
PUTHIYAPARAMBA, ALAVIL (PO), KANNUR - 670008
BY ADVS.
C.R.SIVAKUMAR
SUBHAJA P.
S.SOORYA GAYATHRY
BINI.K
VIJITHA V.S.

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RESPONDENT/COMPLAINANT :

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

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PP SRI.MANU P.G

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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BAIL APPL. NO. 2682 OF 2023

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BECHU KURIAN THOMAS, J

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......…..................................

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B.A.No.2682 of 2023

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…..................................

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Dated this the 14^th day of June, 2023

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ORDER

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

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Petitioner is the 5^th accused in Crime No.132/2023 of Valapattanam Police Station, Kannur District. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 324, 506 and 308 of the Indian Penal Code, 1860.

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According to the prosecution, on 04.02.2023 accused formed themselves into an unlawful assembly, armed with dangerous weapons and assaulted the defacto complainant and his friends thereby inflicting serious injuries and had the attack not been warded off, the defacto complainant could have died, and thus the accused committed the offences alleged.

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I have heard Smt.Subhaja, the learned counsel for the petitioner as well as Sri.Manu P.G., the learned Public Prosecutor.

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On a perusal of the FIR, produced as Annexure-A1, it is noticed

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BAIL APPL. NO. 2682 OF 2023

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that the specific overt acts that resulted in grevious hurt is attributed to the 2^nd accused though there are general allegations

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against the petitioner.

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Having regard to the nature of allegations against the petitioner, I

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am satisfied that limited custody of the petitioner would suffice an effective investigation. Accordingly, I allow this application on the following conditions:-

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(a) Petitioner shall appear before the Investigating

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Officer on 26.06.2023 and shall subject himself to interrogation.

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(b) If after interrogation, the Investigating Officer

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proceeds to arrest the petitioner, then, he shall be

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released on bail on him executing a bond for

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Rs.50,000/- (Rupees fifty thousand only) with two

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solvent sureties each for the like sum before the Investigating Officer.

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with the investigation.

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BAIL APPL. NO. 2682 OF 2023

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(d) Petitioner shall not intimidate or attempt to

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influence the witnesses; nor shall he tamper with the evidence.

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(e) Petitioner shall not commit any similar offences

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while he is on bail.

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(f) Petitioner shall not leave India without the

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permission of the Court having jurisdiction.

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In case of violation of any of the above conditions, the jurisdictional

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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

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Court.

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BECHU KURIAN THOMAS

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AMV/14/06/2023

Vysakh M, v. State of Kerala

Case brief

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Vysakh M, v. State of Kerala

Case brief

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