Allowed

Sivalal v. State of Kerala

Kerala HC24 Feb 2022Bail Appl./225/2022

Case brief

AI extract

What is this about?

Single judge of High Court of Kerala allowed bail application of petitioner accused of trespass and house injury offences, granting anticipatory bail subject to conditions including bon execution, appearance before IO, and no tampering.

What did the court decide?

Petitioner released on anticipatory bail subject to bond with sureties, appearance on 03.03.2022 and 04.03.2022, and non-interference conditions.

Sivalal Vs State of Kerala — Cheque Dishonour | 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 24^TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943 BAIL APPL. NO. 225 OF 2022

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PETITIONER/S:

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SIVALAL AGED 26 YEARS MEKKUMKARAPUTHANVEEDU, KUZHIVILA, NEYYARDAM P.O, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695572

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BY ADVS. RINU. S. ASWAN S.SUDHEESH S. RAJEEV

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF POLICE, NEYYAR DAM POLICE STATON THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SRI. T.R. RENJITH (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 225 OF 2022

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ORDER

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Petitioner is the 8^th accused in Crime No.1466/2021 of the

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Neyyar Dam Police Station, Thiruvananthapuram district alleging commission of offences under Sections 141, 143, 144, 147, 149, 294(b), 452, 324, 427 and 308 of the IPC.

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The allegation against the petitioner is that, he along with the other accused in the case trespassed into the house of the defacto complainant owing to previous animosity with the defacto complainant and attacked the defacto complainant and also destroyed the house-hold articles worth Rs.3,00,000/- belonging to the defacto complainant.

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Learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated in the matter. It is submitted that, in the FIS of the defacto complainant, the name of the petitioner is not mentioned. It is submitted that the petitioner has been subsequently arrayed as an accused owing to animosity of the defacto complainant and also the Police personnel attached to the Neyyar dam Police Station. It is also submitted that the

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BAIL APPL. NO. 225 OF 2022

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petitioner has no criminal antecedents.

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Learned Public Prosecutor opposes the grant of bail. It is submitted that the allegations against the petitioner are serious. It is submitted that the specific allegation against the petitioner is that he along with the other accused destroyed the house-hold articles belonging to the defacto complainant. It is also submitted that all the other accused in the case were arrested and the petitioner is not entitled to be released on anticipatory bail.

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Having regard to the facts and circumstances of the case and also taking into account the fact that his mother is stated to be a cancer patient and his father is also stated to be seriously ill (See Annexure-2 and Annexure-3) and there is no one else to take care of them, I am of the view that the petitioner can be granted anticipatory bail subject to conditions. I am also of the view that the interest of the prosecution can be served by directing the petitioner to appear before the investigating officer on specified dates.

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In the result, this bail application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the

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BAIL APPL. NO. 225 OF 2022

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event of his arrest in connection with Crime No.1466/2021 of the

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Neyyar Dam Police Station subject to the following conditions:-

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(i) Petitioner shall execute a bond for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court; (ii) Petitioner shall appear before the investigating officer in Crime No.1466/2021 of the Neyyar Dam Police Station at 10:00 AM on 03.03.2022 and 04.03.2022 and thereafter whenever called upon to do so.

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(iii) Petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.1466/2021 of the Neyyar Dam Police Station;

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(iv) 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.1466/2021 of the Neyyar Dam Police Station may file an application before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

BAIL APPL. NO. 225 OF 2022

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APPENDIX OF BAIL APPL. 225/2022

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PETITIONER ANNEXURES

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Annexure1	THE TRUE COPY OF THE FIR IN CR. NO. 1466 OF 2021 OF NEYYAR DAM POLICE STATION DATED 15.07.2021
Annexure2	A TRUE COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER’S MOTHER BY THE MCH, TRIVANDRUM DATED 20.12.2021
Annexure3	A TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER’S FATHER ISSUED BY THE C.S.I MEDICAL COLLEGE & HOSPITAL DATED NIL
Annexure4	A TRUE COPY OF CT SCAN REPORT OF THE PETITIONER’S FATHER DATED 27.05.2021

Sivalal v. State of Kerala

Case brief

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Sivalal v. State of Kerala

Case brief

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