Fourth accused sought anticipatory bail for an alleged assault during Onam celebrations at Sooranadu. Court allowed bail conditioned on surrender before the Investigating Officer by 20.02.2024 and release on bond of Rs.50,000 with two sureties, with further conduct conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
BAIL APPL. NO. 85 OF 2024
CRIME NO.1338/2023 OF Sooranadu Police Station, Kollam
PETITIONER/S:
ABI @ ABIN SABU,
AGED 21 YEARS
S/O.SABU THOMAS, ABIN BHAVANAM, VETTIYAR P.O, MAVELIKKARA,
ALAPPUZHA, PIN - 690558
BY ADVS.
K.SIJU
ANJANA KANNATH
RESPONDENT/S:
1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2THE STATION HOUSE OFFICER,
SOORANADU POLICE STATION, KOLLAM DISTRICT, PIN - 690522
OTHER PRESENT:
SRI. VIPIN NARAYAN A -SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 08.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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SOPHY THOMAS, J.
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B.A. No. 85 of 2024
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O R D E R
Dated this the 08th day of February , 2024
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure, 1973 filed by the 4th accused in Crime No.1338 of 2023 of Sooranadu Police Station, Kollam, registered under Sections 323, 324, 326 r/w Section 34 of the Indian Penal Code.
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persons.
3. Heard learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor vehemently opposed the bail application. On, instructions, learned Public Prosecutor submitted that accused Nos. 1 and 3 were arrested.
5. Learned counsel for the petitioner would submit that, there were case and counter case and Annexure-A2 is the Crime registered against the de facto complainant, for assaulting the petitioner and another person. Moreover, the overt act alleged against the petitioner herein is not so serious in nature. No criminal antecedents are reported against the petitioner herein.
6. In such circumstances, this Court inclined to allow this petition, on the following terms:-
i. The petitioner shall surrender before the Investigating Officer on or before 20.02.2024, and subject himself for interrogation. The Investigating
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Officer shall collect all materials/evidence which are
relevant for the purpose of investigation, from the petitioner.
ii. In the event of arrest, petitioner shall be released on bail on executing bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer;
iii. Thereafter, the petitioner shall appear before the Investigating Officer as and when directed.
iv. Petitioner shall not contact, influence or intimidate the de facto complainant or her family members and shall not tamper with the investigation.
v. Petitioner shall not leave the limits of Kerala without prior permission of the trial court, and he shall surrender his passport before the trial court, within 10 days of executing the bond, and if he is not
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having a passport, he has to file an affidavit to that
effect before the trial court.
vi. Petitioner shall not commit any offence while on bail.
vii. In case of violation of the bail conditions, the jurisdictional court is empowered to cancel his bail, in
accordance with law.
Sd/-
SOPHY THOMAS
JUDGE
RMV
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner, the 4th accused in a grievous hurt case, on stated conditions?
2 provisions across 2 enactments
Abi @ Abin Sabu
State of Kerala
The Station House Officer, Sooranadu Police Station
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court