Allowed

Simon v. State of Kerala

Kerala HC23 Mar 2018Bail Appl./1549/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the second accused's bail application under Section 438 CrPC. The Court was persuaded by the petitioner's sick physical condition, his unarmed status in an assault case, and the surrender of co-accused.

What did the court decide?

The petitioner shall be released on bail on executing a bond for Rs.50,000 with two solvent sureties, subject to specific conditions.

Simon Vs State of Kerala — Cheating and Forgery | Kerala HC (2018)

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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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940

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Bail Appl..No. 1549 of 2018

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AGAINST THE ORDER/JUDGMENT IN Bail Appl. 8161/2017 of HIGH COURT OF KERALA DATED 11-12-2017

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CRIME NO. 1174/2017 OF PAVARATTY POLICE STATION , TRISSUR

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PETITIONER/2ND ACCUSED

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SIMON AGED 49 YEARS, S/O LONAPAN, PALAYOOR HOUSE, CHITTATUKKARA, ELAVALLY VILLAGE, THRISSUR.

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BY ADV.SRI.RAJIT

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR AJITH MURALI.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AL/-

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RAJA VIJAYARAGHAVAN V., J

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= = = = = = = = = = = = = = = = = = B.A. No. 1549 of 2018

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= = = = = = = = = = = = = = = = = = Dated this the 23^rd day of March, 2018

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ORDER

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This petition is filed under Section 438 of the Code of Criminal Procedure.

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The earlier application filed by the petitioner was dismissed by order dated 11.12.2017. Contending that there is change in circumstance, the petitioner has approached yet again seeking identical reliefs.

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The petitioner herein is the 2^nd accused in Crime No.1174 of 2017 of the Pavaratty Police Station, registered under Sections 341, 323, and 308 r/w Section 34 of the IPC.

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The 1^st accused in the instant crime is the son of the petitioner and the 3^rd accused is his friend. The allegation is that, on 26.10.2017 at 10.30 a.m., the petitioner along with accused Nos.1 and 3 in furtherance of their common intention wrongfully restrained the informant and his friend and thereafter assaulted them causing injuries. The specific allegation against the petitioner is that he had

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BA.1549/18

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-:2:-

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wrongfully restrained the victim and the 1^st accused inflicted injuries with a sword.

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The learned counsel appearing for the petitioner submitted that the petitioner is a 48 year old man, who is sick and ailing. While filing the earlier application, the petitioner failed to produce record showing his pathetic physical condition. He has been advised to undergo Retrograde Introrenal Surgery by the Senior Consultant, Urology, Lakeshore Hospital, Ernakulam and he was directed to get admitted on 20.3.2018, as per Annnexure-B. It is further submitted that as against the informant, Crime No.118 of 2018 has been registered inter alia under Section 308 of the IPC and this fact was not brought to the notice of this Court at the time of filing of the earlier application. It is finally submitted that the accused Nos.1 and 3 had surrendered before the Investigating Officer and were interrogated and the weapon allegedly used by the 1^st accused was recovered. They were later enlarged on bail.

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I have heard the learned Public Prosecutor.

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-:3:-

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BA.1549/18

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I have considered the submissions advanced and have gone through the case diary. Having regard to the physical condition of the petitioner and taking note of the fact that he was not armed with a weapon and also the fact that accused Nos.1 and 3 have surrendered, I am of the view that the petitioner can now be granted relief as prayed for.

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In the result, this petition will stand allowed. In the event of arrest of the petitioner in the instant Crime, he shall be released on bail by the officer effecting the arrest on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

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i) The petitioner shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 11 a.m., for a period of two months or till final report is filed, whichever is earlier.

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ii) The petitioner 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/ her from disclosing such facts to the court or to any police officer.

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iii) The petitioner shall not commit any similar offence while on bail.

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-:4:-

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BA.1549/18

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Raja Vijayaraghavan V., Judge

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al/-xx

Simon v. State of Kerala

Case brief

What is this about?

What did the court decide?

Simon v. State of Kerala

Case brief

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What did the court decide?

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