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High CourtsSingle Bench(2023) 02 KL CK 0203

Jeevan Rajeev @ Chandhu vs State Of Kerala

High Court Of Kerala · Decided on 20 February 2023

HON’BLE JUDGES
K.Babu, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 1142 Of 2023

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Judgment

12 paragraphs · 300 words

K.Babu, J

1.

This is an application filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioner is the accused in Crime No.62/2023 of Pothencode Police Station, Thiruvananthapuram. The offence alleged against the petitioner is punishable under Section 15(4) of Kerala Anti-Social Activities (Prevention) Act, 2007(KAAPA).

3.

The prosecution case is that in violation of the conditions in the order dated 15/09/2022 issued under section 15 of the Kerala Anti-Social Activities (Prevention) Act, 2007 by the Deputy Inspector General of Police, Thiruvananthapuram, the petitioner entered into the jurisdiction of Thiruvananthapuram Rural District on 09/01/2023 at 12.40 pm.

4.

The petitioner was arrested and produced before the jurisdictional Magistrate. The petitioner has been in judicial custody since 09/01/2023.

5.

Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor. The learned counsel for the petitioner relying on Annexure-A submitted that the petitioner entered the Thiruvananthapuram Rural District for treatment purposes. Annexure-A shows that the petitioner underwent treatment in the Medical College Hospital, Thiruvananthapuram, on 05/01/2023 as an outpatient.

6.

The learned Senior Public Prosecutor opposed the bail plea of the petitioner.

7.

Having regard to the fact that the petitioner entered Thiruvananthapuram Rural District for the purpose of obtaining medical treatment, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows:

(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/ (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The  petitioner  shall  not  try  to  influence  the prosecution witnesses or attempt to tamper with the evidence.

(c) The petitioner shall not enter Thiruvananthapuram District without the permission of the jurisdictional Magistrate.