Allowed

Vijay v. State of Kerala

Kerala HC15 Dec 2021Bail Appl./5189/2021

Case brief

AI extract

What is this about?

This is an application for anticipatory bail in an IPC offence case. The High Court allowed the bail application, directing that the petitioner be released on bail if arrested, subject to specific conditions including executing a bond, reporting daily, and not influencing witnesses.

What did the court decide?

Anticipatory bail allowed; petitioner to be released on bail upon arrest subject to bond of Rs. 50,000 with sureties, daily reporting, and other conditions.

Vijay Vs State of Kerala — Anticipatory Bail | Kerala HC (2021)

¶1

B.A.No.5189/2021

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶6

WEDNESDAY, THE 15^TH DAY OF DECEMBER 2021 / 24TH AGRAHAYANA,

¶7

1943

¶8

BAIL APPL. NO. 5189 OF 2021

¶9

CRIME NO.377/2021 OF MARAYOOR POLICE STATION, IDUKKI DISTRICT

¶10

PETITIONER/ACCUSED NO.1:

¶11

VIJAY AGED 25 YEARS LAKKAM NEW DIVISION, CHATTAMUNNAR, MUNNAR, IDUKKI DISTRICT, PIN 685 612

¶12

BY ADVS. N.K.SHYJU DEEPAK RAJ C.P.ROOPA ARCHANA MITHRAN O.K. DAKSHINA SARASWATHY

¶13

RESPONDENT/COMPLAINANT:

¶14

STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN 682 031

¶15

OTHER PRESENT:

¶16

SMT. SREEJA .V. (SR.PP)

¶17

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.5189/2021

ORDER

This is an application for anticipatory bail.

¶22

The petitioner is the 1^st accused in Crime No.377/2021 of Marayoor Police Station, Idukki District, which was originally registered alleging commission of offences under Sections 143, 144, 147, 447, 323, 324, 308, 341, 506(i) & 149 of the Indian Penal Code.

¶23

The learned Public Prosecutor on instructions submits that, following investigation, now the petitioner is the sole accused and the offences alleged are now that under Sections 323, 324 & 308 of the Indian Penal Code.

¶24

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that there are some other disputes between the petitioner and the de facto complainant and the complaint which led to registration of Crime No.377/2021 of Marayoor Police Station was given only as a counterblast to the complaint filed by the petitioner against the de facto complainant which was registered as Crime No.369/2021 of the very same Police Station. It is submitted that there was altercation between the petitioner and the de facto complainant and both the the petitioner and the son of the de facto complainant had suffered minor injuries only.

¶25

I have heard the learned Public Prosecutor also.

¶26

The learned Public Prosecutor on instructions submits that the

¶27

B.A.No.5189/2021 3

¶28

investigation in the matter is progressing and the grant of anticipatory bail may affect the progress of investigation. It is also submitted that the interrogation of the petitioner is necessary for the purposes of the investigation of the case.

¶29

Having regard to the facts and circumstances of the case and taking into account the nature of the allegations against the petitioner, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

¶30

In the result, this application for anticipatory bail is allowed. It is directed that the petitioner shall be released on bail in the event of arrest in Crime No.377/2021 of Marayoor Police Station, subject to the following conditions:-

¶31

(i) The petitioner shall execute a bond for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

¶32

(ii) The petitioner shall report before the investigating officer in Crime No. 377/2021 of Marayoor Police Station every day until 31.1.2022 and thereafter whenever called upon to do so;

¶33

(iii) The petitioner shall not attempt to contact the de facto complainant or influence or intimidate any witness in Crime No. 377/2021 of Marayoor Police Station;

¶34

(v) The petitioner shall not involve in any other crime while on bail.

¶35

B.A.No.5189/2021

¶36

¶37

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 377/2021 of Marayoor Police Station, Idukki District may file an application before the jurisdictional Court, for cancellation of bail.

sd/-

GOPINATH P.

JUDGE

acd

Vijay v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vijay v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Eldho Shaju Vs the Station House Officer

Ramakrishnan Nair Vs the State of Kerala

Shemeer Vs the Station House Officer

K.J.Bijimon Vs State of Kerala

Gladson Vs State of Kerala

Girish Kumar, Vs State of Kerala