Sandeep vs State Of Kerala on 9 March, 2020

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Kerala High Court

Sandeep vs State Of Kerala on 9 March, 2020

Bench: V Shircy

Bail Appl..No.1419 OF 2020             1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MRS. JUSTICE SHIRCY V.

    MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

                      Bail Appl..No.1419 OF 2020

  CRIME NO.132/2020 OF Kurathikadu Police Station , Alappuzha


PETITIONER/ACCUSED:

                SANDEEP
                AGED 26 YEARS
                S/O. SHAJI, PALLARIMANGALAM, MUKKUDUKATHIL
                MAVELIKKARA, ALAPPUZHA DISTRICT.

                BY ADVS.
                SRI.V.VISAL AJAYAN
                SRI.V.VISAL AJAYAN

RESPONDENT/S:

                STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA, ERNAKULAM, PIN-682 031.


OTHER PRESENT:

                SR PP CN PRABHAKARAN

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION           ON
09.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No.1419 OF 2020               2




                                ORDER

Application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure.

2. The petitioner is the accused in Crime No. 132 of 2020 of Kurathikad Police Station registered for the offences punishable under Sections 143,147,149,294(b),323,324 and 353 of the Indian Penal Code.

3. The prosecution allegation is as follows:

A festival was going on in a temple at Kurathikad. On 3.2.2020 in the night while the defacto complainant and his team were on duty, this petitioner and the other accused have formed themselves into an unlawful assembly and attacked the defacto complainant and his team members with the intention to deter them from discharging their official duties and caused injuries to them and thereby committed the aforesaid offences.

4. The learned counsel for the petitioner would submit that he is totally innocent and he has not committed any offence as alleged. It is also submitted that no criminal antecedents have been reported against this petitioner. But he apprehends arrest and hence this application.

Bail Appl..No.1419 OF 2020 3

5. The learned Public Prosecutor has submitted the CD file for perusal.

6. On a perusal of the wound certificate it is seen that a police personnel has sustained very minor injuries in the attack by a group of persons and no weapon is used by the assailants.

Therefore there is nothing to be recovered from them.

7. Considering the nature of the allegations levelled against the petitioner as well the other facts and circumstances involved in this case, I think that pre-arrest bail can be granted to the petitioner subject to the following conditions:

(i) The petitioner shall be released on bail after interrogation, on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each in the event of arrest by the police in connection with the above crime.

(ii) He shall make himself available for interrogation before the Investigating Officer as and when required by him in writing.

He shall co-operate with the investigation of the case.

(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the Bail Appl..No.1419 OF 2020 4 evidence.

(iv) He shall not commit any offence while on bail.

(v) In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.

Sd/-

SHIRCY V JUDGE smm

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