Allowed

Vishnu v. State of Kerala

Kerala HC1 Feb 2022Bail Appl./217/2022

Case brief

AI extract

What is this about?

This court allowed regular bail applications for accused persons charged under the IPC for affray and grievous hurt who had been in custody for over 90 days. The grant was based on statutory entitlement under Section 167(2) CrPC, subject to bond, appearance, and non-interference conditions.

What did the court decide?

Regular bail allowed subject to execution of bond with sureties and appearance before the investigating officer.

Vishnu Vs State of Kerala — Bail and Remand | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943

¶5

BAIL APPL. NO. 9599 OF 2021

¶6

AGAINST THE ORDER IN CRMC 2998/2021 OF SESSIONS COURT,TRIVANDRUM
CRIME NO.1829/2021 OF VANCHIYOOR POLCIE STATION

¶7

PETITIONER/ACCUSED 6 AND 7:

¶8

1DILEEP @ VADI DILEEP,
AGED 35 YEARS
S/O.PARAMESWARAN PILLAI, ARCHANA HOUSE, TC 21/1805(3),
SOMAN NAGAR, NEDUMCADU WARD, MANACAUD VILLAGE,
THIRUVANANTHAPURAM DISTRICT.

¶9

2NIDEESH,
AGED 24 YEARS
S/O.SREEKUMAR, PATTATHU VEEDU, TC 28/2027, OPPOSITE
FORT HIGH SCHOOL, SREEKANTESWARAM WARD, VANCHIYOOR
VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SHAJIN S.HAMEED
MELWIN BYJU

¶10

RESPONDENT/STATE:

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

¶12

SMT. SEETHA .S. (SR.PP)

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.02.2022, ALONG WITH Bail Appl..217/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶14

Bail Appl. Nos.9599/2021 & 217 of2022 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶16

PRESENT

¶17

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶18

TUESDAY, THE 1^ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943 BAIL APPL. NO. 217 OF 2022

¶19

PETITIONERS/ACCUSED 1 TO 5:

¶20

1VISHNU, AGED 32 YEARS
S/O. JAYAKUMAR,
VINAYAKAM HOUSE, TC.28/433, NALUMUKKU,
CHEMPAKASSERRY, SREEKANTESWARAM WARD, VANCHIYOOR
THIRUVANANTHAPURAM, PIN - 695035

¶21

2MANOJKUMAR @ PACHA MANOJ, AGED 31 YEARS
S/O. VIKRAMAN NAIR,
VATTAVILAKATHU HOUSE, TC.29/335, THENGAPPURA LANE,
PALKULANGARA WARD, VANCHIYOOR VILLAGE
THIRUVANANTHAPURAM, PIN - 695035
3SUNI KUMAR @ KANNADI SUNIL, AGED 31 YEARS
S/O. SUDHAKARAN,
MURUKA BHAVAN, TC.36/525, DRAINAGE ROAD, NEAR CHITHIRA
NAGAR, PERUNTHANNI WARD, PETTAH VILLAGE
THIRUVANANTHAPURAM, PIN - 695024

¶22

4SANTHOSH KUMAR @ VELAYUDHAN SANTHOSH, AGED 36 YEARS
S/O. RAVEENDRAN NAIR,
JEBA VILLAGE, CRA-310, NEAR GOOD SHEPERED SCHOOL,
CHAYAKUDI LANE, PETTAH VILLAGE
THIRUVANANTHAPURAM, PIN - 695024
5BAIJU @ PADASSERY BAIJU, AGED 36 YEARS
S/O. GEORGE,
PANAYIL PUTHEN VEEDU, T.C.22/213, PADASERY,
ATTUKAL WARD, MANACAUD VILLAGE
THIRUVANANTHAPURAM, PIN - 695009
BY ADV SHAJIN S.HAMEED

¶23

RESPONDENT/STATE:

¶24

STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADV.T.R. RANJITH , SR. PUBLIC PROSECUTOR

¶25

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.02.2022, ALONG WITH Bail Appl..9599/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶26

Bail Appl. Nos.9599/2021 & 217 of2022 3

¶27

ORDER

¶28

[Bail Appl. Nos.9599/2021, 217/2022]

¶29

These applications are for regular bail.

¶30

Petitioners in these applications are accused in Crime No.1829/2021 of Vanchiyoor police station, alleging commission of offences under Sections 143, 147, 148, 294(b), 323, 324 and 307 r/w. Section 149 of the Indian Penal Code.

¶31

Allegation against the petitioners is that, they brutally attacked the de facto complainant and inflicted severe injuries on him. While some among the accused are alleged to have used weapons to inflict injuries on the de facto complainant, some other accused are alleged to have actively helped in the same by preventing other people from approaching the place where the de facto complainant was being attacked.

¶32

Learned counsel appearing for the petitioners would submit that without going into the merits of the matter, the petitioners are entitled to be released on bail as all of them had been in custody for more than 90 days. It is submitted that the second petitioner in Bail application

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Bail Appl. Nos.9599/2021 & 217 of2022 4

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No.9599/2021 was released on bail, pursuant to the interim order dated 13.01.2022, finding that there was no specific overt act is alleged against him and taking note of the fact that the other accused similarly placed have been released on bail by the Sessions court.

¶35

I have heard the learned Public Prosecutor also. Learned Public Prosecutor confirms that no final report has been filed in the matter.

¶36

Taking note of the above and considering the fact that all the petitioners are entitled to statutory bail under Section 167(2) of the Criminal Procedure Code, I am inclined to grant bail the petitioners subject to conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

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

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(ii) Petitioners shall appear before the investigating officer in Crime No.1829/2021 of Vanchiyoor. Police station on every Saturday at 11 am until filing of final report;

¶39

Bail Appl. Nos.9599/2021 & 217 of2022 5

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(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 1829/2021 of Vanchiyoor police station;

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(iv) The petitioner shall not involve in any other crime while on bail.

¶42

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1829/2021 of Vanchiyoor police station may file an application before the jurisdictional court, for cancellation of bail.

¶43

If the second petitioner in bail Application No.9599/2021 (Accused No.7) has already executed bond, a fresh bond need not be obtained from him.

¶44

GOPINATH P., JUDGE

¶45

ajt

Vishnu v. State of Kerala

Case brief

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Vishnu v. State of Kerala

Case brief

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