Allowed

Jishnu Manoj v. State of Kerala

Kerala HC10 Dec 2018Bail Appl./4356/2018

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to six accused persons charged under multiple sections of the IPC for assault and insult. The court held that custodial interrogation was not essential, allowing bail subject to conditions like appearance for interrogation and non-interference with witnesses.

What did the court decide?

Anticipatory bail granted on conditions including appearance before Investigating Officer within 10 days, execution of bond with two sureties, and prohibition from threatening witnesses.

Jishnu Manoj 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 SUNIL THOMAS

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MONDAY, THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940

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Bail Appl..No. 4356 of 2018

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CRIME NO. 1128/2018 OF SASTHAMCOTTA POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED NO.1 TO 6:

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1 JISHNU MANOJ. J.

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S/O. MANOJ KUMAR, AGED 20 YEARS, JISHNU BHAVANAM HOUSE, NORTH MYNAGAPPALLY P.O., KOLLAM DISTRICT.

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2 ANANTHA KRISHNAN J. S/O. JAYAKUMAR, AGED 20 YEARS, MANNOORETHU THEKKATHIL HOUSE, ALUMKADAVU P.O., KOLLAM DISTRICT.

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3 ANIL A.B. S/O. ARAVINDHAKSHAN, AGED 20 YEARS, AMBADYIL VEEDU HOUSE, MANAKKARA P.O., KOLLAM DISTRICT.

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4 ABHI KRISHNAN J.

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S/O. JAYAKRISHNAN, AGED 20 YEARS, ABHI BHAVANAM

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HOUSE, MYNAGAPPALLY P.O., KOLLAM DISTRICT.

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5 ANANDHU U. S/O. UNNIDRISHNAPILLAI, AGED 20 YEARS, VRINDHAVANAM HOUSE, MYNAGAPPALLY P.O., KOLLAM DISTRICT.

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6 AKHIL S/O. BABU, AGED 20 YEARS, ANANDHU BHAVANAM HOUSE, NORTH MYNAGAPPALLY P.O., KOLLAM DISTRICT.

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BY ADV. SRI.ZUBAIR PULIKKOOL

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031.

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PP AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 4356 of 2018

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O R D E R

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Petitioners are accused Nos.1 to 6 in Crime No.1128/2018 of Sasthamcotta Police Station, Kollam for offences punishable under Sections 341, 294(b), 323, 324, 326 read with 34 IPC. According to the prosecution allegation, due to previous enmity, on 30.05.2018 at 5.30 p.m., when the de facto complainant and his brother were proceeding to the Temple, accused Nos.1 to 3 wrongfully restrained their scooter and attacked

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with bare hands and used filthy language. Complaint was laid and crime was registered. Apprehending arrest, petitioners seek bail.

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2. It is seen that there was a counter case to Crime No.1128/2018 of Sasthamcotta Police Station. The co-accused were granted bail by order in B.A. No.4570/2018 in the counter case in Crime No.1130/2018 of Sasthamcotta Police Station. Having considered the existence of case

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Bail Appl..No. 4356 of 2018

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and counter case, I am inclined to hold that a custodial interrogation of the petitioners may not be absolutely essential and it can be avoided. Hence, I am inclined to grant the benefit of pre-arrest bail to the petitioners.

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Accordingly, the anticipatory bail

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application is allowed on the following conditions:

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(i) Petitioners shall appear before the Investigating 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 each of the petitioner executing a bond for a sum of 40,000/- (Rupees₹ forty thousand only) with two sureties for the like sum each.

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(ii) They shall not threaten, coerce or

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intimidate the defacto complainant or the witnesses.

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Bail Appl..No. 4356 of 2018

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(iii) They shall appear before the Investigating Officer as and when called for and co-operate with the investigation. (iv) They shall not get involved in any other identical offence and the involvement if any, will be a ground for cancellation of bail.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 11/12

Jishnu Manoj v. State of Kerala

Case brief

What is this about?

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Jishnu Manoj v. State of Kerala

Case brief

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