Court dismissed bail application for petitioners 1, 2 and 4, holding weapons invoked in nature of allegations and custodial interrogation required. Bail allowed for fourth petitioner on conditions to surrender and execute bond.
Bail allowed for fourth petitioner on executing bond and surrender. Application dismissed for first, second and third petitioners.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 26TH DAY OF JULY 2021 / 4TH SRAVANA, 1943
BAIL APPL. NO. 3254 OF 2021
IN CRIME NO.173 OF 2021 OF KOLLAM WEST POLICE STATION, KOLLAM DISTRICT
PETITIONERS/ACCUSED:
1 JOBIN AGED 36 YEARS THUNDUPARAMBU NEAR TO LIGHT HOUSE THANGASSERY THANGASSERY POST KOLLAM KOLLAM, PIN - 691007
2 STERVIN AGED 24 YEARS KULAPARAMBU EAST WEST NAGAR 100 THANGASSERY POST KOLLAM KOLLAM, PIN - 691007
3 JESLY @PRASANTH AGED 32 YEARS THUNDUPARAMBU NEAR TO LIGHT HOUSE THANGASSERY THANGASSERY POST KOLLAM KOLLAM, PIN - 691007
4 JITHIN AGED 34 YEARS THUNDUPARAMBU NEAR TO LIGHT HOUSE THANGASSERY THANGASSERY POST KOLLAM KOLLAM, PIN - 691007
BY ADV K.PREMKRISHNA NAIR
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
PP - SMT. SREEJA V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.07.2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2
BAIL APPL. NO. 3254 OF 2021
ORDER
When taken up, the learned counsel for the petitioners submits that the 3rd petitioner has already been arrested and later released on bail. To that extent the petition has become infructuous.
3
BAIL APPL. NO. 3254 OF 2021
vehicles used by the accused persons could be seized, the weapons of offence used by the petitioners 1 and 2 are not yet recovered. In the nature of the allegations, weapons can be recovered only after custodial interrogation of the petitioners 1 and 2. That means, application for bail moved by the petitioners 1 and 2 cannot be allowed.
accused has not used any weapon of against the defacto complainant or the other injured. The allegation is that, he had twisted the hands of the other injured. So long as he did not use any weapon, his custodial interrogation is not necessary. If he surrenders before the Investigating Officer within ten days and makes himself available for interrogation, he shall be released on bail on executing bond for Rs.50,000/- (fifty thousand rupees only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
The application for bail by petitioners 1 and 2 is
BAIL APPL. NO. 3254 OF 2021
4
dismissed.
Bail Application is allowed in part, as above.
Sd/-
K.HARIPAL
JUDGE
RMV/26/07/2021
2 issues framed by the court
Whether bail should be granted to accused persons charged with offences involving physical altercation.
Whether bail is available to the fourth accused who allegedly used no weapon.
JOBIN
STERVIN
JESLY @PRASANTH
JITHIN
STATE OF KERALA
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
