Allowed

Jishnu @Manikandan v. State of Kerala

Kerala HC4 Dec 2020Bail Appl./8200/2020

Case brief

AI extract

What is this about?

Single bench bail application allowed. The applicant, second accused in a murder case under IPC Sections 302/149 IPC, was granted bail on ₹50,000 bond with conditions, noting his lack of antecedents and the bail of co-accused.

What did the court decide?

Granted bail on bond for Rs.50,000 with two sureties on global conditions to appear before IO and not tamper with witnesses or offence.

Jishnu @Manikandan 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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FRIDAY, THE 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942

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Bail Appl..No.8200 OF 2020

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CRIME NO.1781/2020 OF OLLUR POLICE STATION , THRISSUR

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PETITIONER/ACCUSED NO.2:

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JISHNU @MANIKANDAN,@ MANI, AGED 20 YEARS, SON OF MANOJ, CHERAPARAMBIL HOUSE, ANJERI DESOM, OLLUR, THRISSUR PIN-680006

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BY ADV. SRI.VISHNUPRASAD NAIR

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031

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OTHER PRESENT:

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SRI.AJITH MURALI - PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.8200 OF 2020

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ORDER

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Dated this the 04^th day of December, 2020

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APPLICATION FOR REGULAR BAIL

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The applicant is the 2^nd accused in Crime No.1781 of

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2020 of Ollur Police Station, Thrissur, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324, 307 and 302 read with Section 149 of the IPC. The prosecution case, in brief, is this:

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On 29.09.2020, at about 5.40 AM, the applicant and the other accused, had formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly, to commit murder of One Sasi, who is the friend of the defacto complainant, on 29.09.2020, wrongfully restrained him and attacked him by means of a dangerous weapon like a knife and he was done to death at a place near Ollur Government College Ground. It was the 1^st accused, who allegedly stabbed him with a knife repeatedly and inflicted fatal wounds to which he succumbed on 09.10.2020. The applicant states that he has been implicated only by virtue of Section 149 IPC and that accused Nos. 3, 4 and

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B.A.No.8200 OF 2020

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5 have been granted bail. Applicant, also similarly placed, may be granted bail.

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor submits that the applicant has no criminal antecedents. Similarly placed, accused Nos. 3 to 5 were already granted bail. The main perpetrator of the crime is the 1^st accused, who has stabbed the deceased with a knife. He is also apprehended and the knife has been recovered. Hence, no purpose will be served by detaining the applicant.

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In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a 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 following further conditions:

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(i) He shall appear before the Investigating Officer as and when called for.

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(ii) He shall not enter the concerned Police Station limits except on being asked to appear before the Police Station for the reason of the investigation.

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B.A.No.8200 OF 2020

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(iii) He shall not intimidate or influence witnesses and

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tamper with evidence.

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(iv) He shall not get involved in similar offences during the currency of the bail period.

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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

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The bail application is allowed.

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Sd/ASHOK MENON JUDGE

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NR/04/12/20

Jishnu @Manikandan v. State of Kerala

Case brief

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Jishnu @Manikandan v. State of Kerala

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