Allowed

Jithin Kurian v. State of Kerala

Kerala HC1 Feb 2016Bail Appl./336/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to five petitioners accused of affray and bodily injury charges. The court imposed specific conditions regarding appearance, deposit, and non-interference with the investigation.

What did the court decide?

Bail granted on conditions of appearance within 10 days, deposit of Rs. 1,500, execution of Rs. 40,000 bond with sureties, and cooperation with investigation without interfering with witnesses.

Jithin Kurian Vs State of Kerala — Anticipatory Bail | Kerala HC (2016)

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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 SUNIL THOMAS

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MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937

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Bail Appl..No. 336 of 2016 ()

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CRIME NO. 7/2016 OF PAYYAVOOR POLICE STATION, KANNUR DISTRICT

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PETITIONER(S) :

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1. JITHIN KURIAN @ JITHIN KARACHIRA, AGED 19 YEARS S/O.KURIAN, VADAKEKARA HOUSE, KANHIRAKOLI

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PAYAVOOR AMSOM, THALIPARAMBA TALUK, KANNUR DISTRICT.

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2. SIRAJ @ SIRAJUDEEN, AGED 17,

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S/O.KUNHIMOHAMMED, MANIPARA, ULLIKAL AMSOM

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THALIPARAMBA TALUK, KANNUR DISTRICT.

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3. JILSON MATHEW, AGED 29 YEARS

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S/O.MATHEW, NHATTUMANNARAKATH, KANHIRAKOLI

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PAYYAVOOR AMSOM, THALIPARAMBA TALUK,

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KANNUR DISTRICT.

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4. MUTHU @ MOHAMMED K., AGED 31 YEARS

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S/O.HAMSA, KONNAKADU HOUSE, KANHIRAKOLI

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PAYYAVOOR AMSOM, THALIPARAMBA TALUK,

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KANNUR DISTRICT.

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5. RINSE GEORGE, AGED 26 YEARS

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S/O.GEROGE, NHAVARAKATTU HOUSE, KANHIRAKOLI PAYYAVOOR AMSOM, THALIPARAMBA TALUK,

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KANNUR DISTRICT.

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BY ADVS.SRI.P.NARAYANAN SRI.NICHOLAS JOSEPH

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RESPONDENT :

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STATE OF KERALA THROUGH STATION HOUSE OFFICER PAYYAVOOR POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. R. REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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=================== B.A. No.336 of 2016

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=======================

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Dated this the 1^st day of February, 2016

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ORDER

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The petitioners are the accused in Crime No.7/2016 of Payyavoor Police Station for offences punishable under Sections 143, 147, 148, 341, 324, 427 read with Section 149 of Indian Penal Code.

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The allegation of the prosecution is that on 31.12.2015 at 8.45 pm, while the defacto complainant

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and his friend were returning in a jeep, the accused intercepted them and picked up a scuffle. It is alleged that using a stick A1 and A5 caused bodily injuries.

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The records show that the defacto

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complainant had sustained a fracture on 5^th metacarpal. Anexure 3 indicates that some time on 1.1.2016, two of the accused had gone to the hospital

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with very minor injuries. The weapon used in the present case has been recovered. It is an iron stick. It

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does not appear to be a pre-meditated calculated

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B.A. No.336 of 2016 2

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attack and more to be an incident arising from a scuffle.

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Having regard to the fact that damage worth Rs.6,000/- was caused to the vehicle, I am inclined to impose some condition regarding it also.

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Having regard to these facts, I am inclined to grant bail to the petitioners on the following conditions:

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(a) The petitioners shall appear

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before the Investigation Officer within 10 days from today and shall undergo interrogation. Thereafter if they are proposed to be arrested, they shall be released on bail, on they executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two solvent sureties for the like sum each.

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(b) Each of the petitioner shall deposit Rs.1,500/- (Rupees One

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B.A. No.336 of 2016 3

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thousand and five hundred only) within 10 days from today. It is made clear the deposit of the amount though an essential condition for granting bail need only be deposited within 10 days from today and need not be simultaneous with execution of the bond before the police.

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(c). They shall appear before the Investigation Officer as and when called for and shall co-operate with the investigation.

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(d) They shall appear before the Investigation Officer on all Tuesdays between 9.00 am and 10.00 am for a period of two months from the date of execution of the bond.

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(e). They shall not threaten the defacto

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B.A. No.336 of 2016 4

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complainant, coerce or intimidate the witnesses and shall not in any manner interfere with the investigation.

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The bail application is allowed as above.

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SUNIL THOMAS, JUDGE

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SKV

Jithin Kurian v. State of Kerala

Case brief

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Jithin Kurian v. State of Kerala

Case brief

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