Abheesh vs the State of Kerala

Abheesh vs The State of Kerala

Type Court Judgment Court Kerala Decided Mar 23, 2020

~2 min read

https://sooperkanoon.com/case/1758844

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1758844
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Anil Kumar
Decided On: Mar 23, 2020
Case Number: Bail Appl./2050/2020

Parties & Advocates

Appellant / Petitioner

Abheesh

Respondent

The State of Kerala

Excerpt

.....on 23.03.2020, the court on the same day passed the following: :-2-:orderthis is an application for bail filed under section 439 cr.p.c.2. the petitioner herein is the sole accused in crimeno.200 of 2020 of the irinjalakuda police station for the offences punishable under sections 353, 294(b) of the indian penal code and section 117(e) of the kerala police act.3. the prosecution case in brief is that on 29.2.2020 at about17.15 hours at irinjalakuda private bus stand, while the de facto complainant along with other officers were on 'pink' patrolling duty, accused abused them with obscene words and caused obstruction to their official duty.4. heard the learned counsel for the petitioner and the learned public prosecutor.5. the accused was arrested and produced before the learned judicial first class magistrate court, irinjalakuda on 1.3.2020 and he has been in judicial custody since then.6. considering the fact that the accused has been in judicial custody since 1.3.2020, this is a fit case for granting bail to the petitioner on the following grounds:- :-3-:7. in the result, the petition is allowed and it is ordered as follows. the petitioner shall be released on bail on the following conditions:-i) the petitioner shall execute a bond for rs.25,000/- (rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the magistrate's court concerned. ii) the petitioner shall appear before the investigating officer as and when required. iii) if the petitioner violates any of the conditions of bail, it is open to the court having jurisdiction over the case to cancel his bail without any further orders from this court but in accordance with law. sd/- n.anil kumar, judge mbs/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.ANIL KUMAR MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 [AGAINST THE ORDER/JUDGMENT IN CRMP 2612/2020 DATED 06-03- 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS,IRINJALAKUDA CRIME NO.200/2020 OF Irinjalakuda Police Station , Thrissur] PETITIONER: ABHEESH AGED 36 YEARS S/O. CHANDRAN, VADASSERY HOUSE, CHELOOR DESOM, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT BY ADV. SRI.N.L.BITTO
RESPONDENT: THE STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031 OTHER PRESENT: P.P.SRI. RAMESH CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: :-2-:

ORDER

This is an application for bail filed under Section 439 Cr.P.C.

2. The petitioner herein is the sole accused in Crime

No.200 of 2020 of the Irinjalakuda Police Station for the offences punishable under Sections 353, 294(b) of the Indian Penal Code and Section 117(e) of the Kerala Police Act.

3. The prosecution case in brief is that on 29.2.2020 at about

17.15 hours at Irinjalakuda private bus stand, while the de facto complainant along with other officers were on 'pink' patrolling duty, accused abused them with obscene words and caused obstruction to their official duty.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The accused was arrested and produced before the learned Judicial First Class Magistrate Court, Irinjalakuda on 1.3.2020 and he has been in judicial custody since then.

6. Considering the fact that the accused has been in judicial custody since 1.3.2020, this is a fit case for granting bail to the petitioner on the following grounds:- :-3-:

7. In the result, the petition is allowed and it is ordered as follows. The petitioner shall be released on bail on the following conditions:-

i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate's court concerned. ii) The petitioner shall appear before the Investigating Officer as and when required. iii) If the petitioner violates any of the conditions of bail, it is open to the court having jurisdiction over the case to cancel his bail without any further orders from this Court but in accordance with law. Sd/- N.ANIL KUMAR, JUDGE MBS/

Same Court & Year Kerala · 2020 Same Parties Abheesh vs The State of Kerala Same Judge Honourable Mr.Justice N.Anil Kumar