Disposed

Shiju v. State of Kerala

Kerala HC21 Dec 2021Bail Appl./2800/2021

Case brief

AI extract

What is this about?

Single judge allowed an application for anticipatory bail by declaring it closed, directing the petitioner to approach the Jurisdictional Court seeking bail after receiving summons following the filing of a final report and citing a Supreme Court judgment.

What did the court decide?

Bail application closed; directed petitioner to approach Jurisdictional Court for bail on receipt of summons after final report filing.

Shiju Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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 GOPINATH P.

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TUESDAY, THE 21^ST DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943

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BAIL APPL. NO. 2800 OF 2021

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CRIME NO.54/2021 OF KUMILY POLICE STATION, IDUKKI DISTRICT

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PETITIONER/ACCUSED:

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SHIJU AGED 25 YEARS S.O. DHARMARAJ, SHARON BHAVAN, AMALAGIRI PUTHUVEL, KALLEPPURA, CHENKARA, PEERMADE TALUK IDUKKI, PIN - 685531

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BY ADVS. S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.K.ANAND (A-1921) SRI.M.S.ANEER

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RESPONDENT/STATE:

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

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.2800 OF 2021

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.54/2021 of Kumily Police Station, Idukki District alleging commission of offences under Sections 452, 354 and 506 (i) of the Indian Penal Code.

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The allegation against the petitioner is that, at about 11.00 pm on 25.01.2021, the petitioner trespassed into the house of the defact o complainant and pressed and caught hold of her on her private parts while she was sleeping on a cot. He also alleged that the petitioner intimidated her and threatened her not to reveal the incident to any one else.

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When this case is taken up for consideration today, the learned Public Prosecutor submits that a final report has already been filed in the matter against the petitioner and it is for the petitioner to approach the Jurisdictional Court for bail.

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The learned counsel for the petitioner submits that in the light of the judgment of the Supreme Court in Aman Preet Singh vs. CBI (2021 SCC online SC 941) , on the filing of the charge sheet, the petitioner need not be arrested and remanded. He submits that the

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BAIL APPL. NO.2800 OF 2021

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petitioner, on receipt of summons from the court, will appear before the Jurisdictional Court and apply for bail.

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In the light of the above, this bail application is closed leaving to open to the petitioner to move the Jurisdictional Court for bail on receipt of summons from that court following the filing of the final report in Crime No.54/2021 of Kumili Police Station.

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Sd/-

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GOPINATH P. JUDGE

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bng/21.12.21

Shiju v. State of Kerala

Case brief

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Shiju v. State of Kerala

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