Allowed

Vijay v.Dev v. State of Kerala

Kerala HC22 Jan 2020Bail Appl./13/2020

Case brief

AI extract

What is this about?

In a regular bail application under Section 439 CrPC, the High Court of Kerala allowed the petition for two accused charged with graver offences including voluntarily causing hurt. The court granted bail subject to specific conditions regarding bond, interrogation, and non-tampering with evidence.

What did the court decide?

Petition allowed; accused released on bail on executing bond with two sureties subject to conditions of availability for interrogation and non-interference with witnesses.

Vijay v.Dev Vs State of Kerala — Bail and Remand | Kerala HC (2020)

¶1

Bail Appl..No.13 OF 2020 1

¶2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3

PRESENT

¶4

THE HONOURABLE MRS. JUSTICE SHIRCY V.

¶5

WEDNESDAY, THE 22ND DAY OF JANUARY 2020 / 2ND MAGHA, 1941

¶6

Bail Appl..No.13 OF 2020

¶7

CRIME NO.1665/2019 OF Varkala Police Station , Thiruvananthapuram

¶8

PETITIONERS/ACCUSED NOS.1 AND 2:

¶9

1 VIJAY V.DEV AGED 32 YEARS POAIKAYIL HOUSE, MAMPALLIKUNNAM, CHATHANNUR P.O.KOLLAM.

¶10

2 RIYAZ, AGED 38 YEARS S/O MUHAMMAD ILLIYAS, MANGUDAM HOUSE, VANDIPURA, PALAMKUNNU DESOM, CHEMARUTHI VILLAGE.

¶11

BY ADV. SMT.VIJAYAKUMARI

¶12

RESPONDENT/COMPLAINANT:

¶13

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

¶14

OTHER PRESENT:

¶15

SR PUBLIC PROSECUTOR C.N. PRABHAKARAN

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Bail Appl..No.13 OF 2020

¶18

¶19

ORDER

¶20

This application is for regular bail under Section 439

¶21

of the Code of Criminal Procedure.

¶22

The petitioners are the accused Nos.1 and 2 in Crime

¶23

No. 1665 of 2019 of Varkala Police Station registered for the

¶24

offences punishable under Sections 452,341,324,326,307 r/w

¶25

34 of IPC.

¶26

The petitioners have been in custody since

¶27

13.12.2019.

¶28

The prosecution allegation is that the defacto

¶29

complainant a relative of the first accused had given evidence

¶30

against these petitioners in favour of one Radha before a Civil

¶31

Court. So these petitioners are entertaining enemity towards

¶32

him. On 2.11.2019 they criminally trespassed into the house of

¶33

the defacto complainant and voluntarily caused hurt to him and

¶34

Bail Appl..No.13 OF 2020

¶35

¶36

inflicted cut injuries on him with a chopper and thereby caused

¶37

very serious injuries including fracture to both bones of his right

¶38

leg and thereby commited the aforesaid offences.

¶39

Heard both sides

¶40

The learned counsel for the petitioners submitted

¶41

that though they are totally innocent, they have been falsely

¶42

implicated in the case and they are in custody for more than

¶43

41 days.

¶44

The learned public prosecutor has submitted a CD file

¶45

for perusal. This application is also vehemenly opposed by the

¶46

learned Public Prosecutor.

¶47

Of course the gravity of the offences alleged against

¶48

these petitioners are very grave and serious in nature. The

¶49

reason for their enemity towards the defacto complainant was

¶50

for giving evidence before a Civil Court in favour of their

¶51

opposite party. The investigation of the case has progressed

¶52

Bail Appl..No.13 OF 2020

¶53

¶54

considerably and advanced to a stage of filing the final report.

¶55

Considering the period of detention undergone by

¶56

these petitioners, the present stage of investigation and the other facts and circumstances involved in this case, I am inclined to allow this petition subject to the following conditions:

¶57

(i) The petitioners shall be released on bail on their executing a bond for a sum of Rs. 50000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

¶58

(ii) They shall be made available before the Investigating Officer for interrogation as and when required by him ,in writing.

¶59

(iii) They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the ourt or to any police officer

¶60

Bail Appl..No.13 OF 2020

¶61

¶62

or tamper with the evidence.

¶63

(iv) They shall not commit any offence while on bail.

¶64

In case of violation of any of the above conditions,

¶65

the learned Magistrate is empowered to cancel the bail in

¶66

accordance with the law.

Sd/-

SHIRCY V.

JUDGE

smm

Vijay v.Dev v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vijay v.Dev v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sreejith Y. Vs Sub Inspector of Police

Sreenu Vs State of Kerala

Savad, Vs State of Kerala

Akhil Vs State of Kerala

Vishnuprasad, Vs State of Kerala

Ashoka Vs State of Kerala