Allowed

Jerrish Jose, v. S.I. of Police

Kerala HC22 May 2019Bail Appl./2558/2019

Case brief

AI extract

What is this about?

The High Court allowed an application for anticipatory bail under Section 438 Cr.P.C. for three accused persons. The Court held that custodial interrogation was unnecessary as there were no criminal antecedents and no injury sustained by the complainant, permitting bail on specific conditions.

What did the court decide?

Petitioners released on bail on undertaking bond for Rs. 40,000 each with two solvent sureties and conditioned surrender within ten days if not arrested.

Jerrish Jose, Vs S.I. of Police — Cheating and Forgery | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941

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Bail Appl..No. 2558 of 2019

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AGAINST THE ORDER IN CRMC 707/2019 of SESSIONS COURT, ERNAKULAM

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CRIME NO. 173/2019 OF Kalloorkadu Police Station , Ernakulam

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PETITIONER/S: 1 JERRISH JOSE,AGED 37 YEARS KALLOORKAD, KALLOORKAD, ERNAKULAM, KERALA, INDIA.

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2 GEORGE JOHN,AGED 41 YEARS KALLOORKAD, KALLOORKAD, ERNAKULAM RURAL, KERALA, INDIA.

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3 SMT.BIJI GENTLE, AGED 42 YEARS

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KALOORKAD, KALLORKAD, ERNAKULAM RURAL, KERALA, INDIA.

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BY ADV. SHRI.SACHIN RAMESH

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RESPONDENT/S:

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1 S.I. OF POLICE,

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KALLOORKAD POLICE STATION, ERNAKULAM DISTRICT, PIN - 686 001.

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2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2558 of 2019

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ORDER

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The petitioners are the accused in Crime No. 173 of 2019 of Kalloorkkadu Police Station, registered for the offences punishable under Sections 341, 342, 353 and 506 read with Section 34 IPC.

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The petitioners have filed this application under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted that the petitioners have no criminal antecedent. It appears that the petitioner did not use any criminal force against the de facto complainant. The de facto complainant also did not sustain any injury in the incident. The petitioners also did not carry any weapon with them.

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Bail Appl..No. 2558 of 2019

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Having gone through the relevant inputs, I am of the view that custodial interrogation of the petitioner is not necessary in this case. That apart, there is no criminal antecedent against the petitioners. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioners will be justified in this case.

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In the result, this application stands allowed, and the respondents are directed to release the petitioners on bail, in the event of their arrest in connection with the above crime, on condition of each of the petitioners executing a bond for Rs.40,000/- (Rupees forty thousand only) each with two solvent sureties each, each for the like sum to the satisfaction of the first respondent before whom the petitioners shall surrender within ten days, if not arrested in the meantime, and subject to the following further conditions:-

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(i) The petitioners shall report before the Investigating Officer as and when required by the investigating officer for interrogation.

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Bail Appl..No. 2558 of 2019

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(ii) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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Dated this the 22^nd day of May, 2019

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Sd/- B.Sudheendra Kumar, Judge

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ani/

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/true copy/

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P.S. to Judge

Jerrish Jose, v. S.I. of Police

Case brief

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Jerrish Jose, v. S.I. of Police

Case brief

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What did the court decide?

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