Allowed

P.J.Jithin@Perumbayil Jithin v. State of Kerala

Kerala HC3 Mar 2014Bail Appl./1393/2014

Case brief

AI extract

What is this about?

This court allowed a bail application for an accused charged under sections 324, 326, and 307 of the IPC read with section 34. The petitioner was directed to surrender before the Magistrate to be released on bail. The ruling holds that surrender obviates the need for anticipatory bail if the trial is expected within a reasonable time.

What did the court decide?

Petitioner directed to surrender before the Magistrate before 31.3.2014 to be released on bail on bond of `25,000/- with two sureties.

P.J.Jithin@Perumbayil Jithin Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2014)

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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 M.L.JOSEPH FRANCIS

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MONDAY, THE 3RD DAY OF MARCH 2014/12TH PHALGUNA, 1935

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Bail Appl..No. 1393 of 2014 ()

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CRL.M.C. 295/2014 of SESSIONS COURT, THRISSUR.

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CRIME NO. 57/2012 OF VATANAPPALLY POLICE STATION , TRISSUR

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PETITIOENR/ACCUSED NO 3:

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P.J.JITHIN@PERUMBAYIL JITHIN, AGED 28 YEARS

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S/O.P.V JAYASING, PERUMBAYIL HOUSE, THRITHALLUR POST THRISSUR DISTRICT PIN 680 619

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BY ADV. SRI.P.K.RAVISANKAR

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RESPONDENT:

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STATE OF KERALA,

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REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 31

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BY PUBLIC PROSECUTOR SRI.C.RASHEED.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.L. JOSEPH FRANCIS J.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - Bail Application No.1393 of 2014

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 3^rd day of March 2014

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ORDER

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The petitioner is the accused No.3 in Crime No.57 of 2012 of Vatanappally police station, Thrissur District. The offences alleged against the petitioner are punishable under

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sections 324, 326 and 307 read with section 34 of the Indian Penal Code.

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The allegation is that at 1 a.m. on 16.1.2012, the petitioner and other accused attacked the de facto complainant and others. It is submitted that the petitioner is absolutely innocent of the offences alleged against him. After investigation the police filed final report before the Judicial First Class Magistrate Court, Chavakkad and the same is pending as C.P. No.118 of 2013.

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The learned counsel for the petitioner submitted that

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B.A.1393 of 2014

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:2:

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the petitioner is working in Gulf country and that he was not arrested. If the petitioner surrenders before the learned Magistrate, he will be remanded to judicial custody. The learned Public Prosecutor opposes the anticipatory bail application. Since the petitioner is willing to surrender and face trial, there is no necessity to send him to jail.

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Accordingly this bail application is allowed. The petitioner is directed to surrender before the Judicial First Class Magistrate Court, Chavakkad on or before 31.3.2014 and on such surrender, he shall be released on bail on executing a bond for `25,000/- with two sureties each for the like sum to the satisfaction of that court. The petitioner is directed to appear before the Investigating Officer as and when required.

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Sd/- M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

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// TRUE COPY //

P.J.Jithin@Perumbayil Jithin v. State of Kerala

Case brief

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P.J.Jithin@Perumbayil Jithin v. State of Kerala

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