Dismissed

Ajo Thomas v. State of Kerala

Kerala HC7 Oct 2022Bail Appl./3271/2021

Case brief

AI extract

What is this about?

High Court of Kerala rejected anticipatory bail applications filed by Ajw Thomas and Joshy accused under IPC sections 452, 341, 323, 324, 308, 294(b) r/w 34 for assaulting a doctor, directing surrender and immediate production before the investigating magistrate.

What did the court decide?

Directing petitioners to surrender to the investigating officer for interrogation; allege that their subsequent bail applications should be considered by the Jurisdictional Magistrate preferably on th

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

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BAIL APPL. NO. 3271 OF 2021 &
BAIL APPL. NO. 3623 OF 2021

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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
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
BAIL APPL. NO. 3271 OF 2021

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Crime No. 272 of 2021 of the Mala Police Station,

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PETITIONER/ACCUSED:

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AJO THOMAS, AGED 41 YEARS

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SON OF THOMAS, KANNANGATH HOUSE, MALA KOTTAMURY
DESOM, KOTTAMURY P .O., CHALAKUDY TALUK,
THRISSUR DISTRICT, THRISSUR, PIN – 680732.

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BY ADV N.L.BITTO

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RESPONDENT/S:

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

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OTHER PRESENT:

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PP - SRI. M.C.ASHI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.10.2022, ALONG WITH Bail Appl..3623/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 3271 OF 2021 &
BAIL APPL. NO. 3623 OF 2021

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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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FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
BAIL APPL. NO. 3623 OF 2021

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Crime No. 272 of 2021 of the Mala Police Station,

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PETITIONER/ACCUSED:

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JOSHY, AGED 47 YEARS
SON OF ANTONY, KUNJUTHARA HOUSE, KAVANAD DESOM,
MALA P.O., VADAMA VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT, THRISSUR, PIN – 680732.

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BY ADV N.L.BITTO

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RESPONDENT/S:

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

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2ADDL. R2 JOSHY PEREPPADAN
AGED 47 YEARS
PEREPPADAN HOUSE, POST MALA PALLIPPURAM MALA,
THRISSUR,PIN-680732 IS IMPLEADED AS ADDL R2 AS PER
ORDER DATED 9/12/2021 IN CRL.MA.2/2021.

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PP SRI.M.C.ASHI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.10.2022, ALONG WITH Bail Appl..3271/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 3271 OF 2021 &
BAIL APPL. NO. 3623 OF 2021

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VIJU ABRAHAM, J

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BA Nos.3271 & 3623 of 2021

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Dated this the 7th day of October 2022

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O R D E R

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This is an application for anticipatory bail.

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In BA No.3271/2021, the petitioner is the second

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accused and in BA No.3623/2021, the petitioner is the first accused in Crime No. 272 of 2021 of the Mala Police Station, alleging commission of offences punishable under Sections 452, 341, 323, 324, 308, 294(b) r/w 34 of the Indian Penal Code.

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The prosecution allegation is that, on 14/4/2021 at about 4.40 PM, due to prior enmity that the petitioner’s mother

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was denied treatment by the defacto complainant, the petitioner along with other accused had trespassed into the property of the defacto complainant assaulted him by fisting and attacking by a wooden reaper. Defacto complainant sustained injury on his head including 7 stitches and thereby the accused have committed the aforesaid offences.

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Heard the learned counsel for the petitioners and the

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BAIL APPL. NO. 3271 OF 2021 & BAIL APPL. NO. 3623 OF 2021 4

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learned Public Prosecutor.

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The learned counsel for the petitioners submitted that they have not committed any offences alleged against them and they are totally innocent of the charges levelled against them.

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The learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant was attacked with a wooden reeper and he sustained serious injuries on his head and further that the petitioners destroyed his epuipments in the clinic also. The defacto complainant was attacked by a wooden reeper by the second accused and that the first accused is involved in four other criminal cases. A practicing doctor has been attacked and his clinic was destroyed. He also sustained serious injury. Such attack on doctors who was discharging his duties cannot be considered lightly. Considering the seriousness of the allegations and the criminal antecedents, I am not inclined to grant bail to the petitioners. I dispose of the anticipatory bail application with the following directions:

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BAIL APPL. NO. 3271 OF 2021 &
BAIL APPL. NO. 3623 OF 2021

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Petitioners shall surrender before the investigating officer and after interrogation, they shall be produced before the Jurisdictional Magistrate on the very same day and if the petitioners move an application for bail with advance copy to the learned Public Prosecutor, the bail application shall be considered by the Jurisdictional Magistrate, preferably on the very same day.

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sd/-

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VIJU ABRAHAM, JUDGE

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R.AV

Ajo Thomas v. State of Kerala

Case brief

What is this about?

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Ajo Thomas v. State of Kerala

Case brief

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