Allowed

Binu Sankar v. the State of Kerala

Kerala HC3 Mar 2023Bail Appl./901/2023

Case brief

AI extract

What is this about?

The Court considered an application for anticipatory bail filed by the second accused under Section 438 CrPC. The petitioner was charged with theft of iron posts and violation of the Electricity Act. After noting that investigation interrogation was completed and the prosecution case clearly ran against him, the Court granted bail subject to specific conditions regarding surrender, cooperation wit

What did the court decide?

Granted anticipatory bail subject to surrender for further interrogation, executing a bond of Rs.50,000 with sureties, cooperation with investigation, and specific conduct conditions.

Binu Sankar Vs the 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. 901 OF 2023

¶6

Crime No.1051 of 2023 of Ochira Police Station, Kollam PETITIONER/ACCUSED NO.2:

¶7

BINU SANKAR AGED 46 YEARS S/O K. SIVASANKARAN PILLAI, AGED 46 YEARS, SANKAR NIVAS, CURZON NAGAR- 47, CUTCHERY P.O, KOTTAMUKKU, KOLLAM DISTRICT, PIN - 691013

¶8

BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON

¶9

RESPONDENT/STATE & I.O.:

¶10

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

¶11

2 THE STATION HOUSE OFFICER OACHIRA POLICE STATION, KOLLAM DISTRICT, PIN - 690526

¶12

BY ADV PUBLIC PROSECUTOR

¶13

OTHER PRESENT:

¶14

T V NEEMA (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.901 of 2023

¶17

..2..

¶18

A.BADHARUDEEN, J.

¶19

- - - - - - - - - - - - - - - - - - - B.A.No.901 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 second accused in Crime No.1051 of 2023 of Ochira Police Station, Kollam.

¶24

2 . Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the records.

¶25

3 . The prosecution case is that the petitioner herein, who is arrayed as the second accused in this crime, after sharing common intention and joining hands with the first accused, facilitated stealing of 23 iron posts and transport of the same in a vehicle bearing registration No.KL 02 U-5949. It is on this premise, the prosecution alleges commission of offences punishable under Section 379 read with Section 34 of the Indian Penal Code and Section 136 of the Electricity Act, 2003.

¶26

B.A.No.901 of 2023

¶27

..3..

¶28

4 . It is submitted by the learned counsel for the petitioner that the petitioner is innocent and he is the person originally filed complaint before the police on noticing this occurrence. However, surprisingly, he also got arrayed as the second accused in this crime on wrong assumption of facts. According to the learned counsel for the petitioner, the petitioner is absolutely innocent and a fair investigation is required in this matter. The learned counsel expressed the willingness of the petitioner to co-operate with the investigation earlier itself. accordingly, as per order dated 07.02.2023, this Court directed the petitioner to appear before the Investigating Officer on 11.02.2023 and 12.02.2023 in between 9.00 a.m. till 1.00 p.m. and the learned Public Prosecutor placed report of the Investigating Officer suggesting compliance of the order.

¶29

5 . Even though the learned Public Prosecutor

¶30

opposed the bail, in view of the fact that interrogation of the petitioner for the purpose of investigation has been completed, taking note of the way in which the prosecution case runs, I am inclined to grant anticipatory bail to the petitioner on the following conditions:

¶31

B.A.No.901 of 2023

¶32

..4..

¶33

i. The petitioner shall surrender before the Investigating

¶34

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.

¶35

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.

¶36

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

¶37

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

¶38

B.A.No.901 of 2023

¶39

..5..

¶40

v. 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.

¶41

Sd/- A. BADHARUDEEN JUDGE

B.A.No.901 of 2023

..6..

APPENDIX OF BAIL APPL. 901/2023

¶46

PETITIONER ANNEXURES

¶47

Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.1051 OF 2023 OF OACHIRA POLICE STATION, KOLLAM DISTRICT Annexure A2 THE TRUE COPY OF THE LEGAL NOTICE DATED 28.04.2022 ISSUED AT THE INSTANCE OF SRI.VIJAYAKUMAR TO ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, PARIPPALLY AND OTHERS Annexure A3 THE TRUE COPY OF THE REPRESENTATION FOR PROPER INVESTIGATION DATED 20.01.2023 ALONG WITH E-MAIL EVEN DATED PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT

Binu Sankar v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Binu Sankar v. the 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

Yadukrishnan Vs State of Kerala

Muraleedharan Unni K.N Vs State of Kerala

Anandhu Prasannan Vs State of Kerala