Allowed

Jishnu Raj v. State of Kerala

Kerala HC8 Aug 2022Bail Appl./1016/2022

Case brief

AI extract

What is this about?

The High Court converted interim anticipatory bail into regular bail for four accused persons. The order imposed conditions regarding appearance before the investigating officer, no tampering with evidence, and prohibition against inducing witnesses or committing further crimes.

What did the court decide?

The interim bail granted by order dated 06.05.2022 is made absolute with four specific additional conditions regarding investigation compliance and conduct.

Jishnu Raj Vs State of Kerala — Anticipatory Bail | Kerala HC (2022)

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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 VIJU ABRAHAM

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MONDAY, THE 8^TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944

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BAIL APPL. NO. 1016 OF 2022

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CRIME NO.2080/2021 OF Kundara Police Station, Kollam

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PETITIONERS/ACCUSED Q1 TO 4:

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1 JISHNU RAJ,AGED 26 YEARS, S/O.RAJU CHARUVILA KIZHAKKATHIL, ALATHARAMOODU, KANJIRACODE, KOLLAM -691501

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2 JITHIN RAJ, AGED 28 YEARS,S/O.RAJU CHARUVILA KIZHAKKATHIL, ALATHARAMOODU, KANJIRACODE, KOLLAM - 691501

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3 SYAM, AGED 28 YEARS, S/O.SIMON MULLASHERITHEKKATHIL, THANIKKODU, KUNDARA, KOLLAM - 69101 4 SUNIL S, AGED 32 YEARS SUNIL BHAVANAM, KAKKOLIL, KUNDARA P.O., KOLLAM - 691501

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BY ADVS. SAIBY JOSE KIDANGOOR,BENNY ANTONY PAREL P.M.MOHAMMED SALIH,ANOOP SEBASTIAN PRAMITHA AUGUSTINE,ADITHYA KIRAN V.E IRINE MATHEW,ANJALI NAIR

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM - 682031

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2 THE STATION HOUSE OFFICER KUNDARA POLICE STATION, KUNDARA P.O., KOLLAM, PIN - 691501 BY SR.PUBLIC PROSECUTOR SMT.SEETHA S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2022, THE

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COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.1016 of 2022

VIJU ABRAHAM, J.

B.A.No. 1016 of 2022

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Dated this the 8^th day of August, 2022

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ORDER

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This is an application for anticipatory bail.

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Petitioners are arrayed as accused 1 to 4 in Crime No.2080

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of 2021 of Kundara Police Station registered alleging commission of offences punishable under Sections 143, 147, 148, 452, 294(b), 323, 324 and 326 read with Section 149 of the Indian Penal Code.

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Prosecution case is that on account of the previous animosity, on 26.12.2021 at around 1.00 hours after committing criminal trespass into the place of dwelling of the injured person, petitioners by dint of wooden sticks attacked the defacto complainant and thereby the injured had suffered injuries including fracture on ribs. Thus the accused committed the abovesaid offences.

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It is seen that when the matter was taken up on 06.05.2022

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this Court is pleased to pass an order granting interim bail to the petitioners on conditions.

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Learned Public Prosecutor upon instructions submitted that

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the petitioners had appeared before the investigating officer and their further appearance is not required for the purpose of investigation.

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BA No.1016 of 2022

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Considering the facts and circumstances of the case and also taking into account the submission made by the learned Public Prosecutor that the petitioners had appeared before the investigating officer and their further appearance is not required for the purpose of investigation, the interim bail granted to the petitioners by this Court as per order dated 06.05.2022 is made absolute with the following additional conditions:

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(i) Petitioners shall appear before the investigating officer as and when required.

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(ii) They shall not tamper with any evidence.

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(iii) They shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer. (iv) They 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.2080 of 2021 of Kundara Police Station may file an application before jurisdictional court for cancellation of bail.

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It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the

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BA No.1016 of 2022

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information if any given by the petitioners even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and

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others v. State (NCT of Delhi) and another (2020 (1) KHC 663) .

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Sd/-

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VIJU ABRAHAM JUDGE

cks

BA No.1016 of 2022

APPENDIX OF BAIL APPL. 1016/2022

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PETITIONER ANNEXURES

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Annexure1 ORDER DATED 29.01.2022 IN CRL MC NO. 86/2022 OF THE PRINCIPAL SESSIONS COURT AT KOLLAM

Jishnu Raj v. State of Kerala

Case brief

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Jishnu Raj v. State of Kerala

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