Allowed

Bastin J.John v. State of Kerala

Kerala HC14 Dec 2021Bail Appl./8909/2021

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to accused persons in a riot and mischief case, holding that the charge under Section 27 of the Arms Act would not attract as the allegation involved only brandishing a sword without intent to inflict injury, acknowledging it a counterblast.

What did the court decide?

Applications for anticipatory bail allowed. Petitioners released on bail upon execution of bonds with sureties and compliance with conditions to cooperate with investigation, appear for interrogation,

Bastin J.John 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 14^TH DAY OF DECEMBER 2021 / 23RD AGRAHAYANA, 1943

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BAIL APPL. NO. 8909 OF 2021

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CRIME NO.534/2021 OF CHAVARA THEKKUMBHAGOM POLICE STATION, KOLLAM DISTRICT

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PETITIONERS/ACCUSED NOS.1, 2 & 8:

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1 BASTIN J.JOHN AGED 22 YEARS S/O.JOHN.B, JUSMUS, VADAKKEYYATHU PUTHEN VEEDU, S.V.MARKET P.O., AYANI SOUTH, KARUNAGAPPALLY, KOLLAM-690573. 2 JERRY GEORGE, AGED 22 YEARS S/O.GEORGE, PUTHENVEETTIL KADAV, ARINALLOOR P.O., THEVALAKKARA, KARUNAGAPPALLY, KOLLAM-690538. 3 NIKHIL ROLDON @ NIKHIL PUTHINASSERIL, AGED 22 YEARS S/O.ROLDEN, KOCHUPUTHANASSERIL, ARINALLOOR P.O., THEVALAKKARA, KARUNAGAPPALLY, KOLLAM-690538. BY ADVS. PRATHEESH.P ANJANA KANNATH AMAR PRASANTH G.

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RESPONDENTS/STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-31. 2 THE STATION HOUSE OFFICER CHAVARA THEKKUMBHAGOM POLICE STATION, KOLLAM DISTRICT-691584. BY SRI. NOUSHAD .K.A. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.12.2021, ALONG WITH Bail Appl.NO.9267/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NOS. 8909 OF 2021 & 9267 OF 2021

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BAIL APPL. NO. 9267 OF 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 14^TH DAY OF DECEMBER 2021 / 23RD AGRAHAYANA, 1943

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CRIME NO.534/2021 OF CHAVARA THEKKUMBHAGOM POLICE STATION, KOLLAM

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DISTRICT

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PETITIONERS/ACCUSED NOS.4&5:

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1 BIBIN BOSCO AGED 34 YEARS S/O.BOSCO, PUNNAPUZHAVILA, KOIVILA, THEVALAKKARA, KOLLAM-691 590 . 2 IMMANUEL BOSCO @ MANU BOSCO, AGED 24 YEARS S/O.BOSCO, PUNNAPUZHAYIL, KOIVILA, THEVALAKKARA, KOLLAM-691 590. BY ADVS. PRATHEESH.P AMAR PRASANTH G.

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RESPONDENTS/STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKUALM-682 031. 2 THE STATION HOUSE OFFICER CHAVARA THEKKUMBHAGOM POLICE STATION, KOLLAM DISTRICT-691 584. BY SRI. NOUSHAD K.A. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.12.2021, ALONG WITH Bail Appl.NO.8909/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NOS. 8909 OF 2021 & 9267 OF 2021

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ORDER

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These are the applications for anticipatory bail.

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Petitioners in these cases are accused Nos.1, 2, 4, 5 and 8 in Crime No.534 of 2021 of Chavara Thekkumbhagom Police Station, Kollam District, alleging commission of offences under Sections 143, 147, 148, 294(b), 447, 506(ii) and 509 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. The petitioners in Bail Application No.8909 of 2021 are accused Nos.1, 2 and 8, while the petitioners in Bail Application No.9267 of 2021 are accused Nos. 4 and 5.

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The allegation against the petitioners is that on 15.07.2021 at about 10.00PM and thereafter on 21.07.2021, the petitioners along with the other accused trespassed into the residential house of the de-facto complainant, uttered obscene words and brandished a sword threatening to kill the de-facto complainant and other members of her family and thereby they committed the offences alleged against them.

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The learned counsel for the petitioners would submit that the allegations are totally false and baseless. It is submitted that the aforesaid crime has been registered only as a counter blast

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BAIL APPL. NOS. 8909 OF 2021 & 9267 OF 2021

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to Crime No.979 of 2021 of Karunagappally Police Station which was registered on 16.07.2021. It is submitted that the information which led to registration of Crime No.534 of 2021 was given only on 24.07.2021, which itself shows that Crime No.534 of 2021 of Chavara Thekkumbhagom Police Station is nothing but a counter blast to the registration of Crime No.979 of 2021 of Karunagappally Police Station. The learned counsel for the petitioners would submit that the only non-bailable offence alleged is that under Section 27 of the Arms Act, which at any rate is not attracted, since the only allegation is that the 1^st accused brandished a sword. There is no allegation, submits learned counsel, that the sword was used for the purpose of inflicting any injury on the de-facto complainant or any other person. Lastly, it is submitted that at any rate custodial interrogation of the petitioner is not necessary in the facts and circumstances of the case.

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The learned Public Prosecutor, on instructions would submit that the investigation in the matter is only progressing and the grant of bail at this stage may affect the progress of investigation. It is also submitted that the 1^st and 2^nd accused in the case (petitioners 1 and 2 in Bail Application No.8909 of 2021) have criminal antecedents. Finally, it is submitted that if this Court

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BAIL APPL. NOS. 8909 OF 2021 & 9267 OF 2021

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is inclined to grant anticipatory bail to the petitioners, it must be on strict conditions to ensure that the investigation is not affected in any manner.

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Having regard to the facts and circumstances of the case and taking into consideration of the nature of the allegations against the petitioners and prima facie being convinced that the provisions under Section 27 of the Arms Act may not be attracted, I am of the view that the petitioners can be granted anticipatory bail.

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In the result, these applications are allowed and it is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.534 of 2021 of Chavara Thekkumbhagom Police Station, Kollam District, subject to the following conditions:

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(i)Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees fifty thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

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(ii) Petitioners shall co-operate with the investigation and appear before the investigating officer in Crime No.534 of 2021 of Chavara Thekkumbhagom Police

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BAIL APPL. NOS. 8909 OF 2021 & 9267 OF 2021

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Station, Kollam District at 09.00AM on 20.12.2021, 21.12.2021 and 22.12.2021 and thereafter whenever called upon to do so;

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(iii) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No.534 of 2021 of Chavara Thekkumbhagom Police Station, Kollam District; (iv) Petitioners shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.534 of 2021 of Chavara Thekkumbhagom Police Station, Kollam District, may file an application before the Jurisdictional Court, for cancellation of bail.

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Any observation in this order regarding the applicability or otherwise of Section 27 of the Arms Act is only for the purpose of considering the entitlement of the petitioners for bail and shall not be treated as a finding on that point by any court of law.

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Sd/- GOPINATH P. JUDGE

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Bastin J.John v. State of Kerala

Case brief

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Bastin J.John v. State of Kerala

Case brief

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