IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
Bail Appl..No. 3568 of 2019
CRIME NO. 408/2019 OF Vatagara Police Station , Kozhikode
PETITIONER/2ND ACCUSED:
SHANIL
AGED 22 YEARS
S/O. ASHARAF, THATTARATH HOUSE,
VILLIAPPALLY P.O., VATAKARA, KOZHIKODE
BY ADV. SRI.M.R.SARIN
RESPONDENTS/COMPLAINANT:
1
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-682 031
2
THE SUB INSPECTOR OF POLICE,
VATAKARA POLICE STATION, TRIVANDRUM,
REPRESENTED BY THE PUBLIC PROSECUTOR-695 001
SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.06.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
-2-
Bail Appl..No. 3568 of 2019
The petitioner is the 2nd
accused in Crime
No.408/2019 of Vatakara Police Station, registered for
the offences punishable under Sections 143, 147, 148,
341, 324 and 308 read with Section 149 IPC.
2.
The petitioner has filed this application under
Section 438 Cr.P.C.
3.
Heard.
4.
The learned Public Prosecutor has submitted
that the petitioner is not involved in any other offence. It
has been further submitted by the learned Public
Prosecutor that the petitioner did not use any weapon to
inflict any injury on the injured. No specific overt-act is
also alleged against the petitioner. Considering the facts
and circumstances of the case, I am of the view that the
custodial interrogation of the petitioner is not necessary
-3-
in this case, particularly when no recovery is to be
effected from the petitioner. That apart, the petitioner
has no criminal antecedent. In the said circumstances, I
am inclined to grant pre-arrest bail to the petitioner.
In the result, this bail application stands allowed
and the respondents are directed to release the
petitioner on bail in the event of his arrest in the above
said crime, on condition of the petitioner executing a
bond for Rs.35,000/- (Rupees thirty five thousand only),
with two solvent sureties, each for the like sum to the
satisfaction of the 2nd respondent, before whom the
petitioner shall surrender within ten days, if not arrested
in the meantime and subject to the following further
conditions:-
1. The petitioner shall report before the
Investigating Officer on every Monday
between 9.00 am and 11.00 am for one
month and thereafter, as and when
required by the Investigating Officer for
-4-
interrogation.
2. The petitioner shall not intimidate or
influence the witnesses or in any way
tamper with the investigation.
3. The petitioner shall not get involved in
similar offences during the pendency of
this case.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
Nkr/03.06.19
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.