Allowed

Shonan M.P v. State of Kerala

Kerala HC10 Mar 2022Bail Appl./234/2022

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to the petitioner charged with offences under the Indian Penal Code, noting that the complainant has settled the issue and has no objection to the bail.

What did the court decide?

Application allowed; petitioner granted anticipatory bail subject to conditions including execution of bond, appearance as summoned, and non-interference with investigation.

Shonan M.P Vs State of Kerala — Murder and Culpable Homicide | 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 10TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943

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BAIL APPL. NO. 234 OF 2022

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CRIME NO.1206/2021 OF Peramangalam Police Station, Thrissur

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PETITIONER/ACCUSED:

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SHONAN M.P
AGED 20 YEARS
SON OF PRADEEPAN M.M, MADHUPPALLY HOUSE, MUTHUVARA,
PUZHAKKAL P.O, THRISSUR TALUK AND DISTRICT- 680553, PIN
- 680553
BY ADV M.J.POLLY

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RESPONDENT/S:

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

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 234 OF 2022 2

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ORDER

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This is an application for anticipatory bail.

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Petitioner is the 1^st accused in Crime No.1206/2021 of Peramangalam police station, alleging commission of offences under Sections 341, 323, 324, 452, 308, 506(ii) r/w. 34 of the Indian Penal Code.

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Allegation against the petitioner is that on 11.11.2021, petitioner along with other accused attacked the de facto complainant and caused hurt to the de facto complainant by means of dangerous weapons and also committed criminal trespass into the house of the de facto complainant.

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When this matter has taken up for consideration today, learned counsel appearing for the petitioner has handed over to me across the bar, a notarized affidavit executed by the de facto complainant which states that all issues between the de facto complainant and the petitioner have been settled and he has no objection in the anticipatory bail being granted to the petitioner. Learned counsel appearing for the petitioner also submits that the other accused in the case has already been granted anticipatory bail.

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BAIL APPL. NO. 234 OF 2022 3

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I have heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the

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case and considering the fact that all issues between the petitioner and the de facto complainant have been settled and since the de facto complainant has no subsisting grievances in the matter, I am of the opinion that anticipatory bail can be granted to the petitioner subject to conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.1206/2021 of Peramangalam police Station subject to the following conditions:-

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(i) Petitioner shall execute bond for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall appear before the investigating officer in Crime No..1206/2021 of Peramangalam Police station as and when summoned to do so;

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(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No..1206/2021 of Peramangalam police station;

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

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BAIL APPL. NO. 234 OF 2022 4

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1206/2021 of Peramangalam police station may file an application before the jurisdictional Court, for cancellation of bail.

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The notarized affidavit handed over by the learned counsel appearing for the petitioner across the bar shall be retained by the registry as part of record in this bail application.

sd/-

GOPINATH P.

JUDGE

ajt

Shonan M.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shonan M.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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