Allowed

Jokuttan @ Scaria A.M. and Othres v. the Station House Officer, Kelakam Polic

Kerala HC19 Jul 2011Bail Appl./5163/2011

Case brief

AI extract

What is this about?

The Court allowed an application for anticipatory bail under Section 438 CrPC to the first three petitioners after they complied with a previous direction to appear for investigation. The fourth petitioner was excluded as he was not an accused in the alleged crime.

What did the court decide?

Anticipatory bail granted to 1st, 2nd, and 3rd petitioners with a bond of Rs. 10,000 and two sureties, subject to conditions of reporting and non-interference.

Jokuttan @ Scaria A.M. and Othres Vs the Station House… — Bail and Remand | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933

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Bail Appl..No. 5163 of 2011() ----------------------------CRM.805/2011 of DISTRICT COURT, THALASSERY CRIME NO.221/2011 OF KELAKAM POLICE STATION KANNUR DISTRICT

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PETITIONERS/ACCUSED 1 TO 4

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JOKUTTAN @ SCARIA A.M., S/O. MATHAI, AGED 26 YEARS, ANIKKATTUKUDI HOUSE, CHETTIYAMPARAMBA.P.O., KANNUR DISTRICT.

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JOBY K.J., S/O. JOHNSON, AGED 24 YEARS, KOOTTUNKALHOUSE, CHETTIYAMPARAMBA.P.O., KANNUR DISTRICT.

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ROBIN.K.J, S/O.JOHNSON, AGED 22 YEARS, KOOTTUNKAL HOUSE, CHETTIYAMPARAMBA.P.O., KANNUR DISTRICT.

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AKHIL, S/O. MAMMACHAN, AGED 22 YEARS, EERAYIL HOUSE, CHETTIYAMPARAMBA.P.O., KANNUR DISTRICT.

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BY ADV. SRI.C.P.PEETHAMBARAN

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RESPONDENT: COMPLAINANT

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THE STATION HOUSE OFFICER, KELAKAM POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.TEKCHAND

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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Bail Appln.No.5163 of 2011 ---------------------------------------------Dated this the 19^th day of July, 2011

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ORDER

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners state that they are accused Nos.1 to 4 in Crime No.221 of 2011 of Kelakam Police Station, Kannur District. The learned Public Prosecutor submitted that the 4^th petitioner is not an accused in Crime No.221 of 2011 of Kelakam Police Station.

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The offence alleged against the petitioners are under Sections 452, 341, 323 and 294(b) read with Section 34 of the Indian Penal Code.

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When the Bail Application came up for admission on 05/07/2011, the following order was passed:

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“3. After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before granting anticipatory bail, the petitioners should be given an opportunity to appear before the investigating officer on 12^th and 13^th of July, 2011. The petitioners shall cooperate with the investigation.

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Post on 19.7.2011.

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The learned Public Prosecutor submitted that the petitioners will not be arrested in connection with the crime until further orders.”

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Bail Appln.No.5163/2011

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: 2 :

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It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 05/07/2011 has been complied with by 1^st , 2^nd and 3^rd petitioners (A1, A2 and A3).

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Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 05/07/2011 has been complied with by 1^st , 2^nd and 3^rd petitioners (A1, A2 and A3), I am of the view that anticipatory bail can be granted to the 1^st , 2^nd and 3^rd petitioners (A1, A2 and A3). There will be a direction that in the event of the arrest of 1^st , 2^nd and 3^rd petitioners (A1, A2 and A3), the officer in charge of the police station shall release them on bail on their executing bond for `10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

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a) The 1^st , 2^nd and 3^rd petitioners (A1, A2 & A3) shall report before the investigating officer between 9 A.M. and 11 A.M. on every Mondays, for a period of two months;

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b) The 1^st , 2^nd and 3^rd petitioners (A1, A2 & A3) shall appear before the investigating officer for interrogation as and when required;

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Bail Appln.No.5163/2011

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: 3 :

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c) The 1^st , 2^nd and 3^rd petitioners (A1, A2 & A3) shall not try to influence the prosecution witnesses or tamper with the evidence.

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d) The 1^st , 2^nd and 3^rd petitioners (A1, A2 & A3) shall not commit any offence or indulge in any prejudicial activity while on bail.

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e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

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The Bail Application is allowed to the extent indicated

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above.

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K.T.SANKARAN, JUDGE

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skj

Jokuttan @ Scaria A.M. and Othres v. the Station House Officer, Kelakam Polic

Case brief

What is this about?

What did the court decide?

Jokuttan @ Scaria A.M. and Othres v. the Station House Officer, Kelakam Polic

Case brief

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What did the court decide?

What the court decided

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