Allowed

Yadukrishnan v. State of Kerala

Kerala HC3 Mar 2023Bail Appl./588/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to a first-time offender accused of criminal trespass, intimidation, and mischief, subject to specific conditions regarding surrender for interrogation, cooperation with investigation, and availability for trial.

What did the court decide?

Anticipatory bail granted with conditions to surrender for interrogation on specified dates, execute bond with sureties, cooperate with investigation, visit IO regularly, and not leave India.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

FRIDAY, THE 3^RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944

¶5

BAIL APPL. NO. 588 OF 2023

¶6

Crime No.10 of 2023 of Aroor Police Station

¶7

PETITIONER/ACCUSED:

¶8

YADUKRISHNAN AGED 27 YEARS S/O. LATE HARIDAS, CHALARA HOUSE, AROOR P.O., ALAPPUZHA, PIN - 688534

¶9

BY ADV SHABU SREEDHARAN

¶10

RESPONDENT/COMPLAINANT:

¶11

STATE OF KERALA

¶12

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

¶13

OTHER PRESENT:

¶14

P G MANU(SR PP)

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

B.A.No.588 of 2023

¶17

..2..

¶18

A.BADHARUDEEN, J.

¶19

- - - - - - - - - - - - - - - - - - - B.A.No.588 of 2023

¶20

- - - - - - - - - - - - - - - - - - -

¶21

Dated this the 03^rd day of March, 2023

¶22

O R D E R

¶23

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, by the petitioner, who is the sole accused in Crime No.10 of 2023 of Aroor Police Station.

¶24

2 . Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the records forming part of the case diary.

¶25

3 . The prosecution case is that at about 4.00 p.m. on 02.01.2023, the accused herein criminally trespassed upon the residence of the de facto complainant and brandished a knife and threatened him on the allegation that the de facto complainant questioned the love affair of the petitioner with the daughter of the de facto complainant. The further allegation is that the accused had destroyed the window glass of the house and thereby caused loss to the tune of Rs.10,000/-. Recording the statement of the de facto

¶26

B.A.No.588 of 2023

¶27

..3..

¶28

complainant on this premise, crime was registered alleging the offences punishable under Sections 452, 506, 294(b) and 427 of the Indian Penal Code.

¶29

4 . The learned counsel for the petitioner would submit that the petitioner is innocent and the crime was registered without any basis since the accused herein showed love affair to the daughter of the de facto complainant. He would submit that the petitioner is ready to abide by any condition as a pre-requisite for grant of anticipatory bail and therefore, he may be released on bail.

¶30

5 . Whereas the learned Public Prosecutor strongly opposed the bail and submitted that the overt acts against the petitioner is serious since he criminally trespassed upon the residence of the de facto complainant along with a knife and criminally intimidated him with dire consequences since the de facto complainant, being the father, questioned the unholy behaviour at the instance of the petitioner towards the daughter of the de facto complainant.

¶31

6 . On a perusal of the prosecution records, the prosecution allegations as such could not be ruled out and the same requires investigation. Since the overt acts are less and

¶32

B.A.No.588 of 2023

¶33

..4..

¶34

the petitioner is a first time offender, he can be enlarged on anticipatory bail directing to subject himself for interrogation and recovery of knife during deemed custody at the time of surrender.

¶35

Accordingly the petition stands allowed on the following conditions:

¶36

i. The petitioner shall surrender before the Investigating Officer for 2 days, ie. on 09.03.2023 and 10.03.2023, in between 10 a.m and 1 p.m, for further interrogation. The Investigating Officer can interrogate the petitioner and on completion of interrogation within the above time specified, if the petitioner will be arrested, the Investigating Officer shall produce the petitioner before the Jurisdictional Magistrate on the date of arrest itself.

¶37

ii . On such production, the jurisdictional court shall release the petitioner on bail on his executing a bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

¶38

iii . Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with

¶39

B.A.No.588 of 2023

¶40

..5..

¶41

the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

¶42

iv . Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

¶43

v. Accused/petitioner shall subject himself for recovery, if any, during deemed custody at the time of surrender.

¶44

vi. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

¶45

Sd/-

¶46

A. BADHARUDEEN JUDGE

B.A.No.588 of 2023

..6..

APPENDIX OF BAIL APPL. 588/2023

¶51

PETITIONER ANNEXURES

¶52

Annexure-1 THE TRUE COPY OF THE FIR IN CRIME NO. 10/2023 OF AROOR POLICE STATION DATED 3.1.2023

Yadukrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Yadukrishnan 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

Bipin Sunny Vs State of Kerala

Ramachandran Vs State of Kerala

Velayudhan Achari Vs State of Kerala

Muraleedharan Unni K.N Vs State of Kerala

Binu Sankar Vs the State of Kerala

Anandhu Prasannan Vs State of Kerala