Allowed

Abeesh v. State of Kerala

Kerala HC22 Dec 2021Bail Appl./9720/2021

Case brief

AI extract

What is this about?

High Court of Kerala allowed bail application of a 19.5-year-old first accused. Court held further detention unnecessary for investigation, subject to conditions including bond, appearance, no-contact, and passport surrender.

What did the court decide?

Petitioner released on bail subject to execution of bond with sureties, appearance conditions, non-contact conditions, and passport surrender.

Abeesh Vs State of Kerala — Cheating and Forgery | 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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WEDNESDAY, THE 22^ND DAY OF DECEMBER 2021 / 1ST POUSHA, 1943

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BAIL APPL. NO. 9720 OF 2021

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CRIME NO.1645/2021 OF SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT

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PETITIONER/ACCUSED A1:

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ABEESH AGED 20 YEARS S/O.BABU, ANEESH BHAVANAM, NEAR ARAYALMUKKU, SOORANAD SOUTH VILLAGE, IRAVICHIRA EAST MURI, SOORANAD SOUTH P.O., KOLLAM DISTRICT, PIN - 690 522.

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BY ADV P.V.DILEEP

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RESPONDENTS/COMPLAINANT:

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

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2 THE STATION HOUSE OFFICER SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA P.O., KOLLAM DISTRICT - 690 521.

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.9720 OF 2021

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ORDER

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This is an application for regular bail.

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The petitioner is the 1^st accused in Crime No.1645/2021 of Sasthamcotta Police Station, Kollam District alleging commission of offences under Sections 143, 144, 147, 148, 354, 452 and 326 r/w Section 149 of the Indian Penal Code.

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The allegation against the petitioner is that he along with other accused trespassed into the house of the de-facto complainant, assaulted the daughter of the de-facto complainant and when the de-facto complainant intervened, the petitioner herein, who is the 1^st accused, hit him with a stone causing fracture to the nasal bone of the de-facto complainant.

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The learned counsel for the petitioner submits that the petitioner is aged only 19 and ½ years. It is submitted that the petitioner along with his friends were returning home after a game and some among them urinated near the compound wall of the house of the de-facto complainant and the de-facto complainant assaulted them. It is submitted that the allegation that the petitioner and others trespassed into the house of the de-facto complainant and assaulted his daughter and also the de-

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BAIL APPL. NO.9720 OF 2021

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facto complainant is absolutely incorrect. It is submitted that the petitioner has been in custody since 04.12.2021 and further detention of the petitioner is not necessary for the investigation into the matter in the light of the facts and circumstances of the case.

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The learned Public Prosecutor submits that the petitioner has a criminal antecedent inasmuch as a case alleging commission of offence under Section 308 of the IPC was registered against him at a time when he was a minor. It is submitted that the overt act alleged in the present crime is against the petitioner/1^st accused. It is submitted that the wound certificate of the de-facto complainant supports the allegation against the petitioner. It is submitted that the grant of bail, at this stage, may affect the progress of investigation.

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The learned counsel for the petitioner submits that the criminal antecedent reported against the petitioner was a case mistakenly registered against him and those proceedings have now been dropped by the Juvenile Justice Board.

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Having regard to the facts and circumstances of the case and considering the fact that the petitioner is aged only 19 and ½ years and considering the fact that the further detention of the petitioner may not be

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BAIL APPL. NO.9720 OF 2021

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necessary for the purposes of investigation into the matter, I am of the opinion that the petitioner can be granted bail subject to conditions.

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In the result, this application is allowed and it is directed that

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

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

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(ii) The petitioner shall appear before the investigating officer in Crime No.1645/2021 of Sasthamcotta Police Station, Kollam District on every Saturday at 11.00 am until further orders;

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(iii) The petitioner shall not attempt to contact the de-facto complainant or influence or intimidate the de-facto complainant or any witness in Crime No.1645/2021 of Sasthamcotta Police Station, Kollam District;

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(iv) The petitioner shall not enter the local limits of the Sasthamcotta Police Station where the de-facto complainant is residing except for the purpose of

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BAIL APPL. NO.9720 OF 2021

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complying with condition No.(ii) above;

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(v) The petitioner shall surrender his passport before the Jurisdictional Court. If the petitioner does not have a passport, he shall execute affidavit to that effect and file the same before the said court within seven days of release on bail;

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(vi) The petitioner 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.1645/2021 of Sasthamcotta Police Station, Kollam District may file an application before the Jurisdictional Court, for cancellation of bail.

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Sd/-

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GOPINATH P. JUDGE

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bng/22.12.2021

Abeesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abeesh v. State of Kerala

Case brief

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What did the court decide?

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