Disposed

Jose Thomas v. Sub Inspector Of Police

Kerala HC7 Dec 2020Bail Appl./4619/2020

Case brief

AI extract

What is this about?

Common order granting interim anticipatory bail to four additional accused arraigned in an attempt to commit dacoity. The court issued bail due to the prosecution's failure to provide case details or instructions despite repeated adjournments.

What did the court decide?

Interim anticipatory bail granted, conditioned on execution of a bond for Rs.50,000 each with two solvent sureties for the like amount.

Jose Thomas Vs Sub Inspector Of Police — Bail and Remand | Kerala HC (2020)

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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 ASHOK MENON

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MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942 Bail Appl.No.4619 OF 2020

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CRIME NO.247/2019 OF PERUTHURAI POLICE STATION, ERODE DISTRICT

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PETITIONER/S:

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JOSE THOMAS AGED 36 YEARS, S/O THOMAS, VETTIKATTIL VEETIL, DHAMODHAR APARTMENT, 29/401/1 KUNNETH LANE, THIRUVAMBADY PO, THRISSUR-680003.

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BY ADVS. SHRI.VISHNU CHANDRAN SRI.V.JOHN THOMAS SHRI. RALPH RETI JOHN SRI.V.JOHN SEBASTIAN RALPH KUM. KEERTHANA SUDEV SHRI.APPU BABU SMT.SHIFNA MUHAMMED SHUKKUR

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2 SUB INSPECTOR OF POLICE PERUTHURAI POLICE STATION, ERODE DISTRICT, TAMIL NADU – 638052.

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OTHER PRESENT:

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SRI.E.C.BINEESH, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2020, ALONG WITH Bail Appl.4620/2020, Bail Appl.4621/2020, Bail Appl.4623/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.4619 OF 2020 & connected cases

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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 ASHOK MENON

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MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942

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Bail Appl.No.4620 OF 2020

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CRIME NO.247/2019 OF PERUTHURAI POLICE STATION, ERODE DISTRICT

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PETITIONER/S:

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JAIRAJ JOSEPH, AGED 40 YEARS, PASHNIPARAMBIL, KANINADU PO, PUTHENCRUZ – 682310.

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BY ADV. SRI.N.K.MOHANLAL

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031.

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2 SUB INSPECTOR OF POLICE PERUTHURAI POLICE STATION, ERODE DISTRICT, TAMIL NADU – 638052.

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SRI.E.C.BINEESH, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2020, ALONG WITH Bail Appl.4619/2020, Bail Appl.4621/2020, Bail Appl.4623/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.4619 OF 2020 & connected cases

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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 ASHOK MENON

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MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942

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Bail Appl.No.4621 OF 2020

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CRIME NO.247/2019 OF PERUTHURAI POLICE STATION, ERODE DISTRICT

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PETITIONER/S:

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ALBIN WILSON, AGED 22 YEARS, S/O WILSON, SILVER STAR APARTMENT, 6C, KARGIL ROAD, VAZHAKALA – 682021.

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BY ADV. SRI.N.K.MOHANLAL

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031.

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2 SUB INSPECTOR OF POLICE PERUTHURAI POLICE STATION, ERODE DISTRICT, TAMIL NADU – 638052.

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SRI.E.C.BINEESH, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2020, ALONG WITH Bail Appl.4619/2020, Bail Appl.4620/2020, Bail Appl.4623/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.4619 OF 2020 & connected cases

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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 ASHOK MENON

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MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942

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Bail Appl.No.4623 OF 2020

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CRIME NO.247/2019 OF PERUTHURAI POLICE STATION, ERODE DISTRICT

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PETITIONER/S:

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JIMMY GEORGE AGED 41 YEARS, S/O GEORGE, KUMARAPILLIL, VAZHAKULAM PO, PIN – 686670.

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BY ADV. SRI.N.K.MOHANLAL

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031.

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2 SUB INSPECTOR OF POLICE PERUTHURAI POLICE STATION, ERODE DISTRICT, TAMIL NADU – 638052.

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SRI.E.C.BINEESH, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2020, ALONG WITH Bail Appl.4619/2020, Bail Appl.4620/2020, Bail Appl.4621/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.4619 OF 2020 & connected cases

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COMMON ORDER

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[ Bail Appl.4619/2020, Bail Appl.4620/2020, Bail Appl.4621/2020, Bail Appl.4623/2020 ]

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Dated this the 7th day of December 2020

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Applications for anticipatory bail under Section 438 of Cr.P.C.

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The applicants in the aforesaid bail

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applications are arraigned as additional accused in Crime No.247/2019 of Peruthurai Police Station for

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having allegedly committed the offence punishable under Section 395 read with Section 34 of the I.P.C.

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The prosecution case, in brief, is that a

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businessman named Anwar Sadarth, who was running

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jewellery business under the name and style “City Gold” in Coimbatore and “K.M.Rexine Company” in the State of Kerala, had on 03.04.2019 asked his drivers to carry

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Rs.30 lakhs in cash from Chennai to Kerala in his car.

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When the car crossed the Toll Plaza at Thondi, four

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& connected cases

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Bail Appl.No.4619 OF 2020

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unknown persons, who were identifiable, dressed in

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police uniform came in two vehicles, stopped the drivers and thereafter took the sum of Rs.30 lakhs from

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them. Subsequently, it is revealed that the crime was perpetrated not by those four persons alone, but by a gang consisting of ten persons, which also includes the applicants herein and in consequence of that they also have been implicated as accused. The original persons, who were arrested, were already granted regular bail by the Sessions Court, Ernakulam. The applicants state that they may be granted anticipatory bail since they have been only implicated subsequently.

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Heard the learned Counsel for the applicants and

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the learned Senior Public Prosecutor.

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The learned Senior Public Prosecutor

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Sri.C.N.Prabhakaran submits that despite that the

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matter being adjourned a number of times, he has not got any instruction from Peruthurai Police Station. Under the circumstances, he is not in a position to submit anything regarding the merits of the case and

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& connected cases

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Bail Appl.No.4619 OF 2020

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the arraigning of the applicants as accused in the

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aforesaid crime. Nothing can be stated regarding the extent of the complicity of their involvement since no materials whatsoever is available. The fact remains

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that the four persons who have already been arrested

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granted regular bail. It is on the basis of some materials collected by the investigating officer that the applicants herein have also been implicated as

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accused. Whatever be materials and how far that is

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reliable is not known to this Court. Under the circumstances, all that can be done is to grant an

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interim anticipatory bail to the applicants.

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In the event of their being arrested, the

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applicants shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only)

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each, with two solvent sureties for the like amount each, to the satisfaction of the arresting officer, and

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on the condition that they shall get regular

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anticipatory bail from the concerned High Court or the concerned Sessions Court having jurisdiction over the

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Bail Appl.No.4619 OF 2020 & connected cases

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aforesaid crime within a period of one month from

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today.

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Sd/-

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ASHOK MENON JUDGE

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dkr

Jose Thomas v. Sub Inspector Of Police

Case brief

What is this about?

What did the court decide?

Jose Thomas v. Sub Inspector Of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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