Allowed

Jerin Jose v. the Station House Officer

Kerala HC20 Dec 2021Bail Appl./8593/2021

Case brief

AI extract

What is this about?

Held in a bail application under Section 438 CrPC regarding offences under IPC sections 143, 147, 148, 294(b), 323 etc., the court considered the nature of injuries to the complainant. Observing that the grievous hurt was solely a nasal fracture without weapon involvement in the initial report, the court granted bail on stringent conditions due to allegations of other crimes and threat to peace.

What did the court decide?

Bail granted on surrender within two weeks, surety bond of Rs.50,000 each, and upon execution of strict conditions including periodic reporting and no tampering with evidence.

Jerin Jose Vs the Station House Officer — 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 P.G. AJITHKUMAR

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MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943 BAIL APPL. NO. 8593 OF 2021

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CRIME NO.1123 OF 2021 OF KOIPURAM POLICE STATION,

PATHANAMTHITTA

PETITIONER:

JERIN JOSE

AGED 21 YEARS, S/O. JOSEPH MATHEW, THADATHIL HOUSE, KAVUNGUMPRAYAR, PURAMATTOM P.O., KOIPPURAM, PATHANAMTHITTA DISTRICT, PIN-689 543.

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BY ADV V.SETHUNATH

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RESPONDENTS:

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1 THE STATION HOUSE OFFICER KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN-689 531.

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2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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SMT C.SEENA- PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

B.A.No.8593 of 2021

P.G. AJITHKUMAR, J.

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-----------------------------------------------------------

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B.A.No. 8593 of 2021

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----------------------------------------------------------Dated this the 20^th day of December, 2021

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O R D E R

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This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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The petitioner is the 1^st accused in Crime No.1123 of 2021 of Koipuram Police Station. The offences alleged are under Sections 143, 147, 148, 294(b), 323, 324 and 326 read with Section 149 of the I.P.C.

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The allegations are that out of previous enmity, the petitioner, at about 6.30 p.m. on 17.10.2021 voluntarily attacked the de facto complainant by fisting and beating him with a wooden log at Kallupalam-Karinguttimala public road. The petitioner also had uttered obscene words in public. As a result of the assault, the de facto complainant sustained a fracture of his nasal bone and injuries on the left shoulder, face, scalp and other parts of the body.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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B.A.No.8593 of 2021

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The learned Public Prosecutor has placed on record the report of the investigating officer.

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From the allegations in the F.I.statement what reveals is that the fracture to the nasal bone of the de facto complainant was caused as a result of the fisting and not as a result of beating with any weapon. The only grievous hurt the de facto complainant said to have been sustained is nasal bone fracture. Of course, subsequently the investigating officer submitted a report to the court that as a result of the assault using a weapon, the de facto complainant sustained grievous hurt. However, in the light of the initial version of the de facto complainant, it may not be appropriate to detain the petitioner during the period of investigation. In these circumstances, I am of the view that the petitioner can be granted bail in the event of his arrest on stringent conditions, since he since he is alleged to have been involved in other crimes and also caused inconvenience and threat to the peace in the locality.

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B.A.No.8593 of 2021

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In such circumstances, this bail application is allowed and the petitioner is directed to surrender before the investigating officer within two weeks. After interrogation and in the event of his being arrested, he shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

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(i) Once released on bail, he shall appear before the Investigating Officer on every Tuesdays and Fridays between 10.00 a.m. and 11.00 a.m. for period of three months or till the final report is filed, whichever is earlier;

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(ii) He shall not leave the limits of the jurisdictional court without prior permission of the Magistrate until further orders;

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(iii) He shall not influence or intimidate witnesses or tamper with evidence; and

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(iv) During the bail period, he shall not get involved in any offence.

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B.A.No.8593 of 2021

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In case of breach 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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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

Jerin Jose v. the Station House Officer

Case brief

What is this about?

What did the court decide?

Jerin Jose v. the Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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