Allowed

Athul@Appu v. State of Kerala

Kerala HC8 Oct 2020Bail Appl./5934/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a regular bail application filed by a third accused in a murder trial, finding that further incarceration was not essential as he had no overt role in causing fatal injuries and no criminal antecedents.

What did the court decide?

Released on bail with bond of Rs.50,000 and two sureties under conditions of appearance, passport surrender, and non-interference.

Athul@Appu Vs State of Kerala — Murder and Culpable Homicide | 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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THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942

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Bail Appl..No.5934 OF 2020

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CRIME NO.2128/2020 OF Kundara Police Station , Kollam

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PETITIONER/ACCUSED:

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ATHUL@APPU AGED 23 YEARS VAIKUNDAM VEEDU,NEAR PERAYAM JUNCTION,PERAYAM CHERRY,PERAYAM VILLAGE,KOLLAM DISTRICT 691503

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BY ADV. SRI.V.A.AJIVAS

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM – 682031.

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R1 BY PUBLIC PROSECUTOR R1 BY DIRECTOR GENERAL OF PROSECUTION

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OTHER PRESENT:

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SRI.S.SAJJU SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA 5934/2020

O R D E R

Dated this the 8th day of October 2020

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This is an application seeking regular bail filed under Section 439 Cr.PC.

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The applicant is the third accused in Crime No.2128/2020 of Kundara Police Station for having allegedly committed offences punishable under Sections 341, 324, 326, 506(ii) and 302 read with Section 34 IPC.

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The prosecution case, in brief, is that accused 1 to 3, owing to previous enmity towards the deceased Shakkeer Babu, in furtherance of common intention, on 23.6.2020 at 4 p.m. while the deceased was proceeding on a motor cycle with the defacto complainant, the first accused intercepted and caught hold of the deceased at his shirt and wrongfully restrained him and later, the first accused took knife which

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was hidden under the helmet of the third accused, and in furtherance of further intention of all the three accused, the

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BA 5934/2020

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first accused repeatedly stabbed the deceased on his abdomen which caused fatal injuries and he succumbed to it.

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The prosecution case is that accused 2 and 3 were actively involved in the act of murder in furtherance of common intention. It was the third accused, who brought the knife and he had later brought a change of clothes for accused 1 and 2 and thus he is also involved in the alleged commission of murder.

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The applicant was arrested on 26.8.2020 and remanded to judicial custody. He continues to be in custody. The bail application filed by him before the jurisdictional Magistrate was dismissed for the reason that the offence is triable by the Court of Sessions as is a grave in nature. Accused 1 and 2 were also arrested and later released on bail, after completion of recovery. Investigation has progressed well. The applicant had no overt act of causing fatal injuries to the deceased. He has also no criminal antecedents. Hence, after hearing both sides, I find that further incarceration of the

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BA 5934/2020

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applicant may not be essential. He is entitled to be released on bail.

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In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

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(i) He shall appear before the investigating officer on all Mondays between 9 a.m. and 12 noon for a period of two months or till filing of the final report, whichever is earlier.

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(ii) He shall surrender his passport before the jurisdictional court and if he does not have passport, an affidavit to that effect shall be filed. He shall not go abroad without the permission of the jurisdictional court.

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(iii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence; and

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BA 5934/2020

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(iv) He shall not get involved in similar offences

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during the currency of the bail.

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In case of breach of any of the bail conditions, the prosecution

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shall be at liberty to apply for cancellation of the bail.

Sd/-

ASHOK MENON

JUDGE

Athul@Appu v. State of Kerala

Case brief

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Athul@Appu v. State of Kerala

Case brief

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