Allowed

Sudheesh, v. State of Kerala

Kerala HC5 Feb 2024Bail Appl./11073/2023

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to the fourth accused charged with violent offences under IPC 341, 324, and 308. The court noted lack of serious overt acts against the applicant and that the FIR was lodged late after an intervening party initially sustained injuries.

What did the court decide?

Application allowed on conditions: grounds bond of Rs.1,00,000/- with two sureties; cooperation with investigation; appearance before investigating officer on Saturdays; no tampering with witnesses; n

Sudheesh, Vs State of Kerala — Bail and Remand | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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MONDAY, THE 5^TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945 BAIL APPL. NO. 11073 OF 2023

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CRIME NO.740/2023 OF Chalissery Police Station, Palakkad CRMC 3983/2023 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD PETITIONER/4th ACCUSED:

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SUDHEESH,

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AGED 24 YEARS S/O RAMESH, KUNNATHERI HOUSE, CHALISSERY (POST), PALAKKAD DISTRICT, PIN - 679532

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BY ADVS. P.K.MOHANAN(PALAKKAD) THAREEQ ANVER K.

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RESPONDENT/COMPLAINANT:

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

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PP SRI. C.K. SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.11073/2023

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O R D E R

Dated this the 5^st day of February, 2024

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This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

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The applicant is the accused No.4 in Crime No.740/2023 of Chalissery Police Station, Palakkad. The offences alleged are punishable under Sections 341, 324 and 308 read with 34 of IPC.

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The prosecution case, in short, is that on 25.8.2023 at about 6.30 pm, an altercation took place at Chalissery main road in connection with parking of a vehicle and the accused No.1 pushed the victim and beat him with a wooden reaper. The accused No.2 hit him with a stone, the accused No.3 beat him with another reaper and thereby committed the offences.

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I have heard Sri.P.K. Mohanan., the learned counsel

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for the applicant and Sri. C.K. Suresh, the learned Public

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B.A.No.11073/2023

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Prosecutor. Perused the case diary.

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The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

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The allegation in the FIR shows that the incident was not the result of a pre-meditated act. The incident happened when the defacto complainant intervened in the altercation between the accused and one Santhosh. The wound certificate would show that the defacto complainant sustained lacerated wound on his head. Going by the FIS, it was the accused No.1 who beat on the head of the defacto complainant with a wooden reaper. The applicant has not been named in the FIS. No serious overt act has been alleged against him in the final report. The

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B.A.No.11073/2023

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FIS was lodged after two days of the incident. The accused Nos. 2 and 5 were already granted anticipatory bail by this Court. The learned Public Prosecutor submitted that there are criminal antecedents against the applicant. He pointed out the details of five crimes pending against the applicant. On a perusal of the same, it is seen that all those cases are bailable in nature. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

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

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(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

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(ii) The applicant shall fully cooperate with the

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investigation, including subjecting himself to the deemed police

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B.A.No.11073/2023

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custody for discovery, if any, as and when demanded.

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(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

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(iv) The applicant shall not commit any offence of a like nature while on bail.

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(v) The applicant shall not 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 investigation.

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(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

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(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

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Sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

B.A.No.11073/2023

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APPENDIX OF BAIL APPL. 11073/2023

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PETITIONER ANNEXURES

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Annexure 1	A TRUE COPY OF THE FIR IN CHALISSERY POLICE STATION CRIME NO.740/2023 DATED 27.08.2023 OBTAINED FROM INTERNET
Annexure 2	ORDER DATED 15-09-2023 IN CRMC 3983/2023 ON DISTRICT COURT & SESSIONS COURT, PALAKKAD
Annexure 3	A TRUE COPY OF O.P. TICKET DATED 25.08.2023 OF THE PETITIONER ISSUED FROM TALUK HOSPITAL, PATTAMBI
Annexure 4	THE TRUE COPY OF THE ORDER IS 8686/2023 DATED 16/10/2023 ON THE FILE OF THIS HON'BLE COURT
Annexure 5	A TRUE COPY OF THE ORDER IN BA 10347/2023 DATED 29/11/2023 ON THE FILE OF THIS HON'BLE COURT

Sudheesh, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sudheesh, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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