Allowed

Shaji v. State of Kerala

Kerala HC15 May 2012Bail Appl./2394/2012

Case brief

AI extract

What is this about?

This judgment grants bail to two accused persons charged under sections 332 and 353 read with 34 of the IPC involving an assault on a police officer. The court imposes conditions including surrender, periodic reporting, and restrictions on leaving the jurisdiction to secure their bail.

What did the court decide?

Bail granted conditioned on surrender within one week, reporting on Mondays and Fridays, not leaving Tirur limits without permission, and not tampering with evidence or influencing witnesses.

Shaji Vs State of Kerala — Bail and Remand | Kerala HC (2012)

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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 C.T.RAVIKUMAR

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TUESDAY, THE 15TH DAY OF MAY 2012/25TH VAISAKHA 1934

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Bail Appl.No.2394 of 2012 () -----------------------------(CRIME NO.354/2012 OF TIRUR POLICE STATION, MALAPPURAM)

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APPLICANTS/ACCUSED:

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SHAJI

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S/O.KAMMU, KINATTINGAL PARAMBIL HOUSE

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CHERIYAPARAPPUR, TIRUR-2.

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NAVAS,

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S/O.KAMMU, KINATTINGAL PARAMBIL HOUSE

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CHERIYAPARAPPUR, TIRUR-2.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.GIKKU JACOB

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-05-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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C.T. RAVIKUMAR, J.

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-------------------------------------------B.A. No.2394 OF 2012

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Dated this the 15^th day of May, 2012

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ORDER

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The petitioners are accused Nos.1 and 2 in crime No.354

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of 2012 of Tirur Police Station in Malappuram District. The allegation is that they have committed offences punishable under sections 332 and 353 read with section 34 of the Indian Penal Code. The case of the prosecution is that on 20.3.2012, at about 10 a.m, while the defacto complainant along with the Civil Police Officer5306 was on duty at the river banks at Cheriya Parappur Colony Kadavu, the petitioners reached there in a lorry bearing registration No.KL 44 3217. While the Civil Police Officer was checking whether the vehicle got pass or not, the lorry driver attacked him and deterred him from discharging his official duties. It is also alleged that the defacto complainant was deterred from doing his official duty and the petitioners have inflicted injury and committed offences.

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B.A. No.2394/12

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I have heard the learned counsel for the petitioners and also the learned Public Prosecutor. Having perused the Accidentcum-Wound Certificate which would reveal the nature of the injuries sustained on account of the said alleged attack and taking into account the nature of the allegations, I am of the view that this application is liable to be allowed. Accordingly, this application is allowed subject to the following conditions:-

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I. Petitioners shall surrender before the Investigating Officer within a period of one week from today. In the event of their arrest, they shall be released on bail on their executing a bond to the tune of Rs.50,000/- (Fifty thousand) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

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II.They shall report before the Investigating Officer on

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all Mondays and Fridays between 10 a.m and 12

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B.A. No.2394/12

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noon. They shall not leave the limits of the Tirur Police Station without obtaining the permission of

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the Investigating Officer.

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III.They shall not tamper with evidence or influence

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the witnesses or intimidate them or commit any

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offence while on bail.

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C.T. RAVIKUMAR (Judge)

spc/

B.A. No.2394/12

C.T. RAVIKUMAR, J.

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JUDGMENT

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September, 2010

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B.A. No.2394/12 5

Shaji v. State of Kerala

Case brief

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Shaji v. State of Kerala

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