Allowed

Jijoy v. State of Kerala

Kerala HC1 Aug 2012Bail Appl./5002/2012

Case brief

AI extract

What is this about?

In a bail application by the 3rd accused facing charges of assault causing injury and criminal intimidation, the High Court of Kerala granted anticipatory bail upon surrender within two weeks for interrogation and production before the Magistrate.

What did the court decide?

Anticipatory bail granted on conditions of surrender within two weeks for interrogation, execution of bond with sureties, availability for weekly interrogation at the Police Station, and undertaking n

Jijoy 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 N.K.BALAKRISHNAN

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WEDNESDAY, THE 1ST DAY OF AUGUST 2012/10TH SRAVANA 1934

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Bail Appl..No. 5002 of 2012 ()

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-----------------------------CRMP.1753/2012 of SESSIONS COURT, PALAKKAD CRIME NO.294/2012 OF KONGAD POLICE STATION, PALAKKAD DIST.

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APPLICANT/3RD ACCUSED :-

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JIJOY,, AGED 22 YEARS S/O BHASKARAN, THOTTATHIL HOUSE, THEKKUMKARA KANHIKULAM, PALAKKAD.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.THOMAS J.ANAKKALLUNKAL SMT.M.A.SHEEBA

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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.SREEJITH V.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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N.K.BALAKRISHNAN, J.

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B.A. No.5002 of 2012

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Dated this the 1^st day of August 2012

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O R D E R

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Petitioner is the 3^rd accused in Crime No.294/2012 of Kongad Police Station, Palakkad District. (While Bail Application No.4755/2012 was considered, the petitioners therein were stated to be A2 and A3. It appears that a mistake was committed in showing their rank). The offences alleged against the petitioner and other accused are under Secs.324, 326, 308 and 506(ii) r/w 34 IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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Petitioner herein (3^rd accused) is stated to be the son of A1's elder brother. It is alleged that on 6.6.2012 the de facto complainant was attacked by the petitioner and other accused with iron rod, iron bar etc. causing fracture to the Ulna. It is stated that they caused head injury to the

B.A. No.5002 of 2012

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complainant.

Learned counsel for the petitioner submits that the complainant had gone to the house of the accused at midnight as he had some unholy affair with the sister of the 2^nd accused. Since that was found out by the accused, there was altercation with regard to the same and in that incident, the complainant sustained injury, the learned counsel submits.

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Considering all the aspects the following directions are issued:

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The petitioner shall surrender before the Investigating Officer within two weeks from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions:

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a. The accused shall execute a bond for

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B.A. No.5002 of 2012

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Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

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b. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.

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c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

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d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that

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B.A. No.5002 of 2012

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-: 4 :-

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he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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e. The accused shall not leave the State of Kerala without permission of the court.

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f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral

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photo identity cards/Driving licence etc.

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N.K.BALAKRISHNAN, JUDGE.

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Jvt

Jijoy v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jijoy v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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