Allowed

Jinu v. State of Kerala

Kerala HC9 Jun 2014Bail Appl./3255/2014

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by multiple accused charged under IPC sections 143, 147, 148, 324, and 326 read with section 34. Relying on a prior order granting pre-arrest bail to some co-accused, the Court granted bail subject to stringent conditions including surrender for interrogation on a specific date, cooperation with investigation, reporting every Saturday, and a bond of

What did the court decide?

Granted bail subject to surrender for interrogation on 16.06.2014, cooperation with investigation, weekly reporting, and execution of bond for Rs.20,000 with two sureties.

Jinu Vs State of Kerala — Bail and Remand | 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 THOMAS P.JOSEPH

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MONDAY, THE 9TH DAY OF JUNE 2014/19TH JYAISHTA, 1936

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Bail Appl..No. 3255 of 2014 ()

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CRIME NO. 212/2014 OF KONNI POLICE STATION, PATHANAMTHITTA DISTRICT

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APPLICANTS/ACCUSED :

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1. JINU, AGED 24 YEARS

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S/O. SIVANKUTTY, PUSHPAVILASAM, ELAPPUPARA

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VALLIKODE, KOTTAYAM VILLAGE

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PATHANAMTHITTA DISTRICT-689656.

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2. SREEJITH, AGED 26 YEARS

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S/O ACHUTHAN NAIR, VADASSERIL,

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VALLICODE, KOTTAYAM

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VALLICODE KOTTAYAM VILLAGE

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PATHANAMTHITTA DISTRICT-689 656.

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3. SUMESH, AGED 29 YEARS

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S/O. UNNI, PLANKUTTATHILMELETHIL,

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VALLICODE KOTTAYAM

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VALLICIDE KOTTAYAM VILLAGE

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PATHANAMTHITTA DISTRICT-689 656.

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4. VISHNU S. NAIR, AGED 24 YEARS

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S/O. SAHADEVAN NAIR, ANCHUTHANNIKKAL,

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ELAPPUPARA, PATHANAMTHITTA-689 656.

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5. ANANDU V., AGED 25 YEARS

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S/O. VIJAYAN NAIR, VIJAYAVILASAM, ELAPPUPARA PATHANAMTHITTA-689656.

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6. VISHNU, AGED 23 YEARS

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S/O. GOPALAKRISHNAN NAIR,

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ANCHUTHANNIKAL, ELAPPUPARA PATHANAMTHITTA-689 656.

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BY ADV. SRI.AJEESH K.SASI

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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 SMT. LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOMAS P. JOSEPH, J

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B.A.No.3255 of 2014

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Dated this the 9^th day of June, 2014

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ORDER

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Petitioners are accused Nos.7, 3, 9, 5, 5, and 6 respectively in Crime No.212 of 2014 of the Konny Police Station for the offences punishable under Sections 143, 147, 148, 324, 326 r/w Section 34 of the Indian Penal Code, apprehend arrest and have filed the application.

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Learned Public Prosecutor has opposed the application. It is submitted that 11.02.2014 at about 2.30 a.m., the petitioners and others in the premises of a Temple and in the course of festival attacked the de facto complainant and others with iron pipe, iron rod and stick. The iron rod is not so far recovered.

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Learned counsel submits that some of the accused

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in the case are granted pre-arrest bail by this Court as per order dated 28.02.2014 in B.A.No.1401 of 2014. A copy of the order also is made available to me for perusal.

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On going through the said order I find that some of the accused are granted relief. There is no reason why that relief should not be extended by these petitioners.

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Application is allowed as under:

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B.A.No.3255 of 2014

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(i) Petitioners shall surrender before the Officer investigating Crime No.212 of 2014 of the Konny Police Station on 16.06.2014 at 10 a.m for interrogation.

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(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time and place as may be specified by him which the petitioners shall comply.

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(iii) Petitioners shall co-operate with investigation of the

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case.

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(iv) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.

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(v) On such production, the petitioners shall be released on bail, (if not required to be detained otherwise) on their executing bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:

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(a) One of the sureties shall be a close relative of any of the petitioners.

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(b) Petitioners shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m.

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B.A.No.3255 of 2014

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for a period of two months or until filing of the final report, whichever is earlier.

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(d) Petitioners shall not, during the period of this bail get involved in any offence.

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(e) Petitioners shall not intimidate or influence the

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witnesses.

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(vi) It is made clear that in case any of condition Nos. (b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State

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of Kerala (AIR 2006 Supreme Court 100).

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Sd/-

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THOMAS P. JOSEPH, JUDGE.

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/True Copy/

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P.A. to Judge