Allowed

Faizal Joseph v. State of Kerala

Kerala HC10 Mar 2022Bail Appl./158/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed regular bail applications filed by four accused persons in Crime No. 1422/2021. The court granted bail considering the long period of custody incurred and the fact that the final report had already been filed in the matter.

What did the court decide?

Petitioners released on bail subject to conditions including executing bonds, appearing weekly, avoiding specific local limits, not influencing witnesses, and avoiding new crimes.

Faizal Joseph Vs State of Kerala — Cheating and Forgery | 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 GOPINATH P.

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THURSDAY, THE 10^TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943

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BAIL APPL. NO. 158 OF 2022

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CRIME NO.1422/2021 OF ERNAKULAM SOUTH POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED NO.1:

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FAIZAL JOSEPH AGED 38 YEARS S/O. JOSEPH, MUDAVATHIL HOUSE, KATTUCHIRA ROAD, PULIYANAM P.O., ANGAMALY ,PIN-683 572

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BY ADVS. GEORGE SEBASTIAN DHANESH MATHEW MANJOORAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.1422/2021 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM DISTRICT)

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BY SMT.SEETHA S., SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.03.2022, ALONG WITH Bail Appl..566/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BA Nos.158/2022 & con. cases

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..2..

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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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THURSDAY, THE 10^TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943

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BAIL APPL. NO. 566 OF 2022

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CRIME NO.1422/2021 OF ERNAKULAM SOUTH POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED:

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SUBARAJ

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AGED 38 YEARS ASHOK BHAVAN, VEMBALIL HOUSE, CHALIKKAVATTOM, VENNALA, ERNAKULAM. ERNAKULAM, PIN - 682028

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BY ADV DENIZEN KOMATH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

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2 SUB INSPECTOR OF POLICE ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM., PIN - 682015

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BY SRI.T.R.RENJITH, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.03.2022, ALONG WITH Bail Appl..158/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶31

BA Nos.158/2022 & con. cases

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..3..

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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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THURSDAY, THE 10^TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943

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BAIL APPL. NO. 1022 OF 2022

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CRIME NO.1422/2021 OF ERNAKULAM SOUTH POLICE STATION,

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ERNAKULAM

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PETITIONER/4TH ACCUSED:

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ANUROOP.K.P AGED 32 YEARS KANNADITHARA HOUSE, KANNADIKADU, MARADU POST, KOCHI, PIN - 682304

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BY ADVS. DENIZEN KOMATH Anil JOHN PAX IGNATIUS(K/1194/2010)

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RESPONDENTS/COMPLAINANT & STATE:

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1 STATION HOUSE OFFICER ERNAKULAM SOUTH POLICE STATION, THEVARA POST, ERNAKULAM, PIN - 682015

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2 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKKULAM., PIN – 682031 BY SRI.M.C.ASHI, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.03.2022, ALONG WITH Bail Appl..158/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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..4..

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BA Nos.158/2022 & con. cases

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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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THURSDAY, THE 10^TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943

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BAIL APPL. NO. 1058 OF 2022

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CRIME NO.1422/2021 OF ERNAKULAM SOUTH POLICE STATION,

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ERNAKULAM

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PETITIONER/3RD ACCUSED:

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PON SUNDAR.A

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AGED 47 YEARS

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CHITTAPADAM NADAR HOUSE, CHALIKKAVATTOM, VENNALA POST, KOCHI., PIN - 682028

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BY ADV DENIZEN KOMATH

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RESPONDENTS/COMPLAINANT & STATE:

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1 STATION HOUSE OFFICER ERNAKULAM SOUTH POLICE STATION, THEVARA POST, ERNAKULAM.

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ERNAKULAM, PIN - 682015

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031

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BY SMT.SEETHA S., SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.03.2022, ALONG WITH Bail Appl..158/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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..5..

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BA Nos.158/2022 & con. cases

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BA Nos. 158, 566, 1022 & 1058 of 2022

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ORDER

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These are applications for regular bail.

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The petitioner in BA No. 158 of 2022 is the 1^st accused, the petitioner in BA No. 566 of 2022 is the 2^nd accused, the petitioner in BA No. 1058 of 2022 is the 3^rd accused and the petitioner in BA No. 1022 of 2022 is the 4^th accused in Crime No. 1422 of 2021 of Ernakulam South Police Station, Ernakulam District, alleging commission of offences under Sections 341, 323, 324, 326, 365, 506 & 307 r/w Section 34 of the Indian Penal Code and Section 67 of the IT Act.

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The allegation against the petitioners is that on 11.11.2021, when the de facto complainant had come to Chilavannur to attend a post-cremation ceremony of his friend's mother, owing to previous animosity, the 1^st accused along with other accused kidnapped the de facto complainant and took him to a place near the house of the 1^st accused at Angamaly and brutally assaulted him resulting in fracture of his ribs and also his backbone. It is alleged that the

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BA Nos.158/2022 & con. cases

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..6..

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accused persons also used pepper spray on the de facto complainant, took photos of the de facto complainant after removing his cloths and threatened to publish the same on social media.

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The petitioners in BA Nos. 158 and 566 of 2022 have been in custody for 100 days while the petitioners in BA Nos. 1058 and 1022 of 2022 have been in custody for 115 days each.

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The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that Crime No. 1422 of 2021 was actually a counter blast to a crime registered against the de facto complainant at the instance of accused No.1 as Crime No.1487 of 2021 of Angamaly Police Station, which was registered on 12.11.20221. It is further submitted that Crime No. 1422 of 2021 was registered only on 16.11.2021. It is submitted that a final report has already been filed in the matter and that the continued detention of the petitioners is not absolutely necessary.

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The learned Public Prosecutor vehemently opposes grant of bail. It is submitted that all the petitioners except the 2^nd accused have criminal antecedents. It is further submitted that the 1^st accused is a known gunda and there are several cases registered against him. It

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..7..

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BA Nos.158/2022 & con. cases

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is further submitted that the petitioners are accused of serious offences and that they are not entitled to bail at present. It is also submitted that if the petitioners are released on bail, there is every chance of repeating similar offences and a flare is likely to occur between the petitioners and the de facto complainant.

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Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioners, I am of the view that the petitioners can be granted bail considering the fact that they have been in custody for a long time. Since the final report has already been filed in the matter, the continued detention of the petitioners is not necessary for the purpose of any investigation. The apprehension expressed by the learned Public Prosecutor that there is likelihood to repeating similar offences in future can be taken care of by imposing appropriate conditions.

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In the result, these bail applications are allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

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(a)The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

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BA Nos.158/2022 & con. cases

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..8..

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(b)Petitioners shall appear before the investigating officer in Crime No. 1422 of 2021 of Ernakulam South Police Station, Ernakulam District, every Saturday at 11.00 am until further orders;

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(c) The petitioners shall not enter the local limits of Palarivattom Police Station, within whose limits the de facto complainant is stated to be residing, until further orders;

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(d)The petitioners shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No. 1422 of 2021 of Ernakulam South Police Station, Ernakulam District;

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(e) The petitioners shall not involve in any other crime while on bail.

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If any of the aforesaid conditions is violated, the investigating officer in Crime No. 1422 of 2021 of Ernakulam South Police Station, Ernakulam District, may file an application before the jurisdictional court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

bka/10.03.2022

Faizal Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Faizal Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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