Allowed

Mathumely Shankar@Matukumili Siv [email protected] v. State of Odisha

Orissa HC13 Aug 2019ABLAPL/5924/2018

Case brief

AI extract

What is this about?

In a bail application filed to prevent arrest in a complaint case involving IPC offences, the court directed that if the petitioner surrenders to the court in seisin and moves for bail, he shall be released on terms including cooperation with investigation and no commitment of other graver offences.

What did the court decide?

Direction that if petitioner surrenders to the court in seisin and moves for bail, he shall be released on bail subject to cooperating with investigation and no new graver offences being reported.

Mathumely Shankar@Matukumili Siv Shankar@M.Shankar Vs State… — Bail and Remand | Orissa HC (2019)

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ABLAPL NO.5924 OF 2018

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03 13.08.2019 The petitioner apprehending his arrest in I.C.C. Case No.93 of 2016 pending in court of the learned S.D.J.M.,Bargarh for alleged commission of offence punishable under Sections 498-A/ 323/379/354-B/376(2)(f)/34 of I.P.C. read with Section 4 of the D.P Act has filed this petition for his release on pre-arrest bail.

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Heard learned counsel for the petitioner and learned counsel for the State.

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From the materials available on records it reveals that prior to this complaint case i.e.I.C.C.93 of 2016, an F.I.R. vide Bheden P.S. Case No.231 of 2016 corresponding to C.T.1682 of 2016 for the alleged commission of offences punishable under Sections 498-A/323/354-B/506/34 of I.P.C. read with Section 4 of the D.P.Act had been lodged against the present petitioner by the informant who is complainant of I.C.C. Case. It appears that when the charge-sheet was submitted under Section 498-A/34 of I.P.C. and the petitioner was released on pre-arrest bail by order of this Court vide in ABLAPL No.19568 of 2016 in that case, the complainant being not satisfied with the charge-sheet filed for the offence, this complaint case in question against the present petitioner and other co-accused has been filed, wherein cognizance has been taken for the offences under Sections 498-A/ 323/379/354-B/379/376(2)(f)/34 of I.P.C. read with Section 4 of the D.P.Act for which the petitioner has come for his release on pre-arrest bail.

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It appears that the learned counsel for the complainantinformant has made appearance in this case but none appears for the complainant-informant when the matter was called.

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Considering the facts and submissions made, especially the nature of accusation and also the fact that this matter arises out of a complaint case and cognizance for the offences alleged has been taken, factum of release of the petitioner in the earlier case

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and there being no likelihood of the petitioner absconding or tampering with the prosecution evidence, if released on pre-arrest bail, this Court directs that if the petitioner surrenders before the court in seisin over the matter in connection with the aforesaid case and makes motion for bail, he shall be released on bail by the court in seisin over the matter on such terms and conditions as deemed just and proper.

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However, the aforesaid order is subject to the condition that the petitioner shall co-operate with the investigation and no other graver offence is reported against the petitioner besides the aforesaid offences.

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Accordingly, the ABLAPL stands disposed of being allowed.

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Issue urgent certified copy of this order as per Rules.

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…………………… S.Pujahari, J.

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Mathumely Shankar@Matukumili Siv [email protected] v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mathumely Shankar@Matukumili Siv [email protected] v. State of Odisha

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

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