Allowed

Dibin v. State of Kerala

Kerala HC18 Sept 2018Bail Appl./5279/2018

Case brief

AI extract

What is this about?

Kerala High Court allowed a bail application filed under Section 439 Cr.P.C. for an accused involved in an attempt to murder case with grave allegations of intent to kill and severe injuries, granting bail subject to specific conditions.

What did the court decide?

Released on bail on execution of a bond for Rs. 40,000 with two solvent sureties for the like sum, subject to specific conditions of attendance and conduct.

Dibin Vs State of Kerala — Murder and Culpable Homicide | 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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TUESDAY ,THE 18TH DAY OF SEPTEMBER 2018 / 27TH BHADRA, 1940

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Bail Appl..No. 5279 of 2018

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CRIME NO.482/2018 OF KODUNGALLUR POLICE STATION, THRISSUR

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PETITIONER/S:

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DIBIN, AGED 35 YEARS, S/O.DINESHAN, NEDIYIRIPPIL HOUSE,KANDAMKULAM DESOM,METHALA VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT.

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BY ADV. SRI.P.M.ABDUL JALEEL (KODUNGALLUR)

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RESPONDENT/S:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31.

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OTHER PRESENT:

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MR. C.N.PRABHAKARAN, SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA.5279/18

ORDER

This application is filed under Section 439 of the Cr.P.C.

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The applicant herein is the 3^rd accused in Crime No.482 of 2018 registered at the Kodungallur Police Station, under Sections 341, 323, 324, 326, 294(b), 506(ii) and 307 r/w. Section 34 of the IPC.

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The crux of the prosecution allegation is that the applicant herein along with accused Nos.1 and 2 with intent to murder the cousin of the de facto complainant and his associates, wrongfully restrained them on 21.4.2018 at 15 hours and attacked him with wooden sticks. The specific case of the prosecution is that one Harish, the cousin of the de facto complainant suffered a fracture of his skull.

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The learned counsel appearing for the applicant submitted

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that except the applicant herein, the rest of the accused have been granted bail. His application for bail was refused on the ground that he is involved in as many as 18 crimes. It is submitted that out of the said 18 crimes, only 3 crimes were pending of which two involve only minor offences.

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BA.5279/18

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The above submission is not controverted by the learned Public Prosecutor. It is further submitted that in the instant crime, the main injuries have been inflicted by accused Nos.1 and 2. Insofar as the applicant herein is concerned, the allegation is that he had punched the victim.

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I have considered the submissions advanced and have gone through the materials made available. The applicant herein was arrested on 4.7.2018 and has been in custody since then. Having regard to the nature and gravity of the allegations, the severity of injuries inflicted, the role assigned, the period of detention undergone and the stage of investigation, I am of the view that the applicant herein can be released on bail on conditions.

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In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.40,000/- (Rupees Forty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:

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1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m.,

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BA.5279/18

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for three months or till final report is filed, whichever is earlier.

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2). The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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3). The applicant shall not commit any offence while he is on bail.

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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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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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Krj

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//TRUE COPY//

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P.A. TO JUDGE

Dibin v. State of Kerala

Case brief

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Dibin v. State of Kerala

Case brief

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