In bail applications under Cr.No.19/2016, the High Court dismissed bail for the first accused but granted it to the second, third, and fourth accused, distinguishing their liability based on conflicting allegations.
Pre-arrest bail allowed for petitioners 2 to 4 on executing a bond of Rs.10,000 each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937
Bail Appl..No. 85 of 2016 ()
CRIME NO. 19/2016 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT
APPLICANTS/ACCUSED:
1. JOHN THARAKAN, AGED 45 YEARS, S/O GEEVARGHESE THARAKAN, KAYAMKULASHERIL,
VAYALA P.O., ENATHU, ADOOR, PATHANAMTHITTA. (A1)
2. JIJU THARAKAN, AGED 37 YEARS, S/O. JOY THARAKAN, KAYAMKULASHERIL, VAYALA P.O., ENATHU, ADOOR, PATHANAMTHITTA. (A2).
3. JACOB THARAKAN, AGED 48 YEARS, S/O GEEVARGHESE THARAKAN, KAYAMKULASHERIL,
VAYALA P.O., ENATHU, ADOOR, PATHANAMTHITTA. (A3).
4. SREEDEV KUMAR @ AMBADI, AGED 37 YEARS, S/O GOPINATHAN PILLAI, RAVIMANGALAM, VADAKKADATHUKAVU (PO), KILIVAYAL, ADOOR, PATHANAMTHITTA. (A4)
BY ADVS.SRI.NOBEL RAJU SRI.NIKHIL.A.AZEEZ
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE STATION HOUSE OFFICER, ENATHU, PATHANAMTHITTA.
BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
SUNIL THOMAS, J.
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B.A.No.85 of 2016
=================
Dated this the 20th day of January, 2016
ORDER
Petitioners are accused 1 to 4 in Crime No.19 of 2016 of Enathu Police Station for offences punishable under Sections 452, 323, 324, 354, 294(b) and 34 of the Indian Penal Code.
B.A.85/16
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petitioner herein (second accused) on an allegation that the de facto complainant in Crime No.19 of 2016 along with two other persons had attacked him with iron rod. The time of incident is mentioned as 3.30.p.m. on the same day and the injured was seen by the doctor at 5.25p.m.. However, slightly higher decree of injury is seen in the present case in the form of hemorrhage of scalp 2x2 cm and complaint of pain on the chest. It is alleged that iron rod was used by the first accused herein who is the first petitioner. It has not been recovered. Having regard to the case and counter case, though all the accused are sought to be roped in with the aid of Section 34 of the Indian Penal Code, I am inclined to take a different view in the case of petitioners 2 to 4 and grant them the benefit of pre-arrest bail.
I Pre-arrest bail application of the first petitioner/first accused is dismissed.
II. Pre-arrest bail application of petitioners 2 to 4 is allowed as follows:
(i) Petitioners 2 to 4 shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If they are proposed to be arrested, they shall be released on bail on they executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for
B.A.85/16
3
the like sum each.
(ii) They shall appear before the Investigating Officer on all Tuesdays between 10 a.m. and 11 a.m. till the final report is filed. (iii) They shall not get involved in any other identical offences and shall not threaten, coerce or intimidate the de facto complainant and his witnesses.
Sd/- SUNIL THOMAS Judge
Sbna/20/1/16
True Copy
P A to Judge
3 issues framed by the court
Whether pre-arrest bail should be granted to accused 1.
Whether pre-arrest bail should be granted to accused 2, 3, and 4 considering conflicting allegations and degree of injury.
Whether the benefit of Section 34 IPC applies to all accused in case of counter-cases.
1 provisions across 1 enactments
John Tharakan
Jiju Tharakan
Jacob Tharakan
Sreedev Kumar @ Ambadi
The State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
