Allowed

Sreemon@Sreekuttan v. State of Kerala

Kerala HC22 Jul 2021Bail Appl./4949/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail applications filed by accused persons charged with murder and criminal conspiracy under Sections 120B and 302 IPC, imposing standard conditions including execution of bond, reporting requirements, and no contact with witnesses.

What did the court decide?

Petitioners released on bail subject to execution of separate bond of Rs. 50,000 each with two sureties, weekly reporting to Investigating Officer, and compliance with various conditions including soc

Sreemon@Sreekuttan Vs State of Kerala — Murder and Culpable Homicide | 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 K.HARIPAL

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THURSDAY, THE 22^ND DAY OF JULY 2021 / 31ST ASHADHA, 1943

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BAIL APPL. NO. 4949 OF 2021

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CRIME NO. 632/2021 OF CHIRAYINKEEZHU POLICE STATION,

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THIRUVANANTHAPURAM

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PETITIONER/ACCUSED:

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1 SREEMON @ SREEKUTTAN S/O SUNIL, AGED 24 YEARS SREENIVAS VEEDU, VILAYILMOOLA, KODUMON DESOM, ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695101., PIN - 695101 2 ANURAG @ VISHNU AGED 25 YEARS CHARUVILA PUTHENVEEDU, MANNYAM, KADAMANTHOTTAM, VILAVOORKONAM DESOM, NADAKKAL VILLAGE, KOLLAM DISTRICT -691578 ( CHARUVILA PUTHENVEEDU, DALIYIL, CHOZHIYAKKADU DESOM, KALUTHUPPUZHA, KOLLAM DISTRICT), PIN - 691578 3 SARAN@VAVA AGED 27 YEARS ROADVILA VEEDU, CHIRACKARA, KALLUVATHUKKAL DESOM, PARIPPALLY VILLAGE, KOLLAM DISTRICT-691574., PIN - 691574 4 SNEHAN AGED 29 YEARS CHARUVILA PUTHENVEEDU, VILAVOORKONAM, KALLUVATHUKKAL DESOM, CHATHANNOOR VILLAGE, KOLLAM DISTRICT-691572., PIN - 691572 5 BIBIN BABU@PAKRU AGED 23 YEARS CHARUVILA PUTHEN VEEDU, NEAR ICD ENGINEERING COLLEGE, NADACKAL, ADUTHALA DESOM, NADAKKAL VILLAGE, KOLLAM DISTRICT-691578., PIN - 691578 BY ADV P.ANOOP (MULAVANA)

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN – 682031 BY SRI. SANTHOSH PETER, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.07.2021, ALONG WITH Bail Appl.No.5210/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Bail Appl.Nos.4949 & 5210 OF 2021 2

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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 K.HARIPAL THURSDAY, THE 22^ND DAY OF JULY 2021 / 31ST ASHADHA, 1943 BAIL APPL. NO. 5210 OF 2021

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CRIME NO.632/2021 OF CHIRAYINKEEZHU POLICE STATION,

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THIRUVANANTHAPURAM

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PETITIONER/ACCUSED:

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SUDHEESH GIREESH KUMAR AGED 21 YEARS SUDHEESH BHAVAN, NADAKKAL, VILAVOORKONAM P.O, KULLUVATHUKKAL, KOLLAM 691578 KOLLAM, PIN – 691578

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BY ADV M.R.SARIN

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RESPONDENT:

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

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BY SRI. SANTHOSH PETER, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.07.2021, ALONG WITH Bail Appl.No.4949/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Bail Appl.Nos.4949 &

5210 OF 2021 3

ORDER

These are applications filed under Sections 439 of the

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Code of Criminal Procedure by accused Nos. 3 to 8 in Crime No. 632/2021 of Chirayinkeezhu Police Station. That crime was registered alleging offence under Sections 120B and 302 read with 34 of the Indian Penal Code.

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The allegation is that the ninth accused had induced the deceased in a scooter, took him to an isolated place, to a brick kiln, Jai Hind Hollow Brick Company, Mundapuram and all accused, in furtherance of the criminal conspiracy hatched them, attacked and caused him grievous injuries and caused his death. The learned counsel for the petitioners submit that the petitioners are only friends of the first accused; there was previous animosity between the first accused and the deceased, all the petitioners hail from Kollam, they are in custody from the date of their arrest; the accused Nos. 3, 4, 6 and 8 were arrested on 31.05.2021, the seventh accused was arrested on 30.05.2021 and the fifth accused was arrested on 28.05.2021. According to learned counsel for petitioners, investigation has reached an

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Bail Appl.Nos.4949 &

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5210 OF 2021 4

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advanced stage, they do not have criminal antecedents to their credit.

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The learned Public Prosecutor has submitted that

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there are nine accused in the crime and all have been arrested;

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there was animosity between the first accused and the defacto complainant and in the mission that was hatched by the first accused, all accused had joined and the said person was killed out of joint action by all the accused persons. They had used dangerous weapons like iron rods and sword and caused him serious injuries and he succumbed to the injuries.

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The learned Public Prosecutor has also pointed out that investigation has progressed, that the weapons of offence have been recovered. From the words of the learned Public Prosecutor, it does not seem that their further detention is warranted; they do not have criminal antecedents also to their credit.

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Therefore, the petitioners shall be released on bail subject to the following conditions:-

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i) The petitioners shall execute separate bond for Rs.50,000/-(Rupees Fifty Thousand Only) each with

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Bail Appl.Nos.4949 &

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5210 OF 2021 5

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two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

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ii) They shall report before the Investigating Officer every Saturday between 9.00 A.M. and 11.00 A.M., till the final report is laid;

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iii) They shall not try to contact or influence the witnesses or tamper with the evidence;

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iii) They shall not involve in any crime during the bail period;

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v) They shall appear before the Investigating Officer/jurisdictional court as and when required;

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vi) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

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vii) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

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The bail applications are allowed as above.

SD/-

K.HARIPAL

JUDGE

DCS/22.07.2021

Sreemon@Sreekuttan v. State of Kerala

Case brief

What is this about?

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Sreemon@Sreekuttan v. State of Kerala

Case brief

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