Allowed

John Antony @ Johny, v. State of Kerala

Kerala HC5 Aug 2019Bail Appl./5483/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to two petitioners accused of offences under Sections 294(b), 332, and 323 IPC. The court noted they were first-time offenders and involved in an agitation with no injury sustained by the public servant, directing release on a bond of Rs. 40,000 each.

What did the court decide?

Petitioners released on bail on a bond of Rs. 40,000 each with two solvent sureties, to surrender or report as required, subject to standard bail conditions.

John Antony @ Johny, Vs State of Kerala — Bail and Remand | 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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MONDAY, THE 05TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941

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Bail Appl..No.5483 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 1263/2019 of DISTRICT COURT & SESSIONS COURT,KOLLAM

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CRIME NO.1260/2019 OF Kollam East Police Station , Kollam

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PETITIONER/S:

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1 JOHN ANTONY @ JOHNY, AGED 39 YEARS S/O.ANTONY CHACKO, AMMA BHAVAN, KOTTARAM,, PUTHUVAL, MATHILIL P.O., KOLLAM DISTRICT.

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2 ROBERT F. @ VINCENT, AGED 44 YEARS S/O.FRANCIS VINCENT, DEPOT PURAYIDAM, CRA-75, CANTONMENT NORTH, KOLLAM DISTRICT.

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BY ADVS. SRI.PAUL JACOB (P) AMAL AMIR ALI SRI.ENOCH DAVID SIMON JOEL SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE SRI.RONY JOSE SMT.SUZANNE KURIAN

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (THROUGH THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM DISTRICT).

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OTHER PRESENT:

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SMT.V.SREEJA,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Case No. BA 5483/19

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-2-

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O R D E R

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The petitioners are the accused in Crime No.1260 of

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2019 of Kollam East police station registered for the offences punishable under Sections 294(b), 332 and 323 read with Section 34 IPC.

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The petitioners have filed this application praying

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for the relief under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted that

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the petitioners have no criminal antecedent. The public servant involved in this case is the Rationing Inspector of

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Supplyco. It appears that the public servant did not sustain any external injury in the incident. It appears that so many

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persons took part in the agitation. Considering the facts

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Case No. BA 5483/19

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and circumstances of the case, including the fact that the petitioners are first time offenders, I am inclined to grant pre-arrest bail to the petitioners.

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In the result, this application stands allowed and the respondent is directed to release the petitioners on bail in

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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 Station House Officer concerned, 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 on every Sunday between

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Case No. BA 5483/19

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9 a.m. and 11 a.m. for three months and thereafter,

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as and when required by the Investigating Officer for interrogation.

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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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(iii) The petitioners shall not get involved in any other offence during the pendency of this case.

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/

John Antony @ Johny, v. State of Kerala

Case brief

What is this about?

What did the court decide?

John Antony @ Johny, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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