Allowed

Shammy v. the State of Kerala

Kerala HC5 Aug 2019Bail Appl./5495/2019

Case brief

AI extract

What is this about?

Three accused persons filed a bail application under Section 438 Cr.P.C. The High Court allowed pre-arrest bail, directing release upon arrest on surety conditions, noting lack of criminal antecedents and non-necessity of custodial interrogation.

What did the court decide?

Application allowed; petitioners granted pre-arrest bail on execution of bond with two sureties each for Rs. 40,000.

Shammy Vs the 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.5495 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 1257/2019 of DISTRICT COURT & SESSIONS COURT,THRISSUR

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CRIME NO.8/2019 OF Guruvayoor Police Station , Thrissur

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PETITIONERS/ACCUSED NOS.9 TO 19:

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1 SHAMMY AGED 47 YEARS S/O.GANGADHARAN, PANAKKAL HOUSE, EALAVALLY SOUTH.P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT-68051

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2 SHAIN AGED 44 YEARS S/O.GANGADHARAN, PANAKKAL HOUSE, EALAVALLY SOUTH.P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT-68051

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3 PRASAD AGED 38 YEARS S/O.DAMODARAN, MUNDOKKIL HOUSE, NAMBAZHIKKAD.P.O., THRISSUR DISTRICT-680602

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4 SANAL AGED 22 YEARS S/O.SREENIVASAN, KARUMATHIL HOUSE, PERUVALLUR.P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT-680508

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5 BALAKRISHNAN, AGED 55 YEARS S/O.KARAPPU, THEKKEPATT KADAVALLUR, ELAVALLY NORTH, CHAVAKKAD TALUK, THRISSUR DISTRICT-680511

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6 SASIDHARAN, AGED 51 YEARS S/O.SANKURU, MANNAN HOUSE, MARATHIYUR.P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT-680507

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-2-

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Bail Appl..No.5495 of 2019

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7 GINISH, AGED 39 YEARS S/O.GOPI, PULIKKAL HOUSE, KAKKASSERY.P.O., CHAVAKKAD TALUK, THRISSUR-680511

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8 SARJU, AGED 45 YEARS S/O.KUNJAYYAPPAN, KALAPPURATH HOUSE, THOYAKKAVU.P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT-680513

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BY ADV. SRI.P.RAMACHANDRAN

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RESPONDENTS/COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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2 THE SUB INSPECTOR OF POLICE GURUVAYOOR TEMPLE POLICE STATION, GURUVAYOOR.P.O., THRISSUR DISTRICT-680101

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SMT.V.SREEJA,PUBLIC PROSECUTOR

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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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Bail Appl..No.5495 of 2019

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O R D E R

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The petitioners are accused Nos. 9 to 16 in Crime No.8/2019 of Guruvayoor Temple Police Station registered for the offences punishable under Sections 143, 147, 148, 332, 152, 153 and 307 read with Section 149 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

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that the petitioners have no criminal antecedent. It

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has been further submitted by the learned Public Prosecutor that the custodial interrogation of the petitioners is not necessary in this case. It appears that the petitioners did not use any weapon to inflict

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Bail Appl..No.5495 of 2019

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any injury on the injured. Considering the facts and circumstances of the case, including the submission of the learned Public Prosecutor and also taking into consideration of 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 respondents are directed to release the petitioners on bail in the event of their arrest in the above said 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 second 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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Bail Appl..No.5495 of 2019

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The petitioners shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for two months and thereafter, as and when required by the Investigating Officer for interrogation.

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

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The petitioners shall not get involved in any other offence of similar nature during the pendency of this case.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/05.08.2019

Shammy v. the State of Kerala

Case brief

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Shammy v. the State of Kerala

Case brief

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