Allowed

Shaji v. State of Kerala

Kerala HC22 Jan 2022Bail Appl./4772/2021

Case brief

AI extract

What is this about?

The Hon'ble High Court of Kerala allowed a bail application filed by four accused persons charged under the Indian Penal Code. The court held that since interrogation and recovery were already completed, there was no need for custody to further the investigation. The petitioners were granted release on bail subject to standard conditions including execution of bonds, reporting to the investigating

What did the court decide?

Petitioners to be released on bail upon arrest subject to execution of bonds with sureties, reporting to IO, not contacting complainant, and not interfering with investigation.

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

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B.A.No..4772/2021

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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 GOPINATH P.

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SATURDAY, THE 22^ND DAY OF JANUARY 2022 / 2ND MAGHA, 1943

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BAIL APPL. NO. 4772 OF 2021

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CRIME NO.53/2021 OF Vandiperiyar Police Station, Idukki

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PETITIONERS/ACCUSED:

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1 SHAJI AGED 42 YEARS S/O.MANI, MOOLAKATTIL HOUSE, RANIKOVIL, KUNNEL PUTHUVAL BHAGAM, PERUMADE, IDUKKI DISTRICT, PIN - 685 531.

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2 MANU RAJU AGED 22 YEARS S/O.RAJU, PUTHEN VEEDU, RANIKOVIL, KUNNEL PUTHUVAL BHAGAM, PERUMADE, IDUKKI DISTRICT, PIN - 685 531. 3 SANEESH RAJAN AGED 20 YEARS S/O.RAJAN, RANIKOVIL, KUNNEL PUTHUVAL BHAGAM, PERUMADE, IDUKKI DISTRICT, PIN - 685 531.

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4 AHIN AGED 20 YEARS S/O.BENNY, KOCHUKATTIL HOUSE, RANIKOVIL, KUNNEL PUTHUVAL BHAGAM, PERUMADE, IDUKKI DISTRICT, PIN - 685 531.

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BY ADV K.S.ARUNDAS

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RESPONDENT/COMPLAINANT:

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

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BY SMT. SEETHA.S. (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No..4772/2021

ORDER

This is an application for anticipatory bail.

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The petitioners are the accused in Crime No.53/2021 of Vandiperiyar Police Station, Idukki District, which was initially registered under Sections 143, 147, 148, 294(b), 323, 324, 326, 447, 506(ii) r/w. 149 of the Indian Penal Code. Later, the offences under Sections 143, 147, 148 and 149 were deleted and Section 326 and 506(ii) of the Indian Penal Code were added. The provisions of Sections 143, 147, 148 & 149 were deleted as the number of accused is now limited to the four accused in the present bail application.

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The learned counsel for the petitioners submits that the petitioners were initially accused only of bailable offences and accordingly they appeared and were interrogated and recovery was effected and thereafter, they were released on bail. It is submitted that the non-bailable offence namely that under Section 326 of the Indian Penal Code was subsequently incorporated. It is submitted that since interrogation is over and recovery has already been effected, the custody of the petitioners is not required for the purposes of any investigation.

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The learned Public Prosecutor submits that though initially only non-bailable offences were alleged to have been committed by the petitioners, on noticing that the de facto complainant had suffered a serious injury, which was discovered only after he was referred for treatment to the Medical College

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B.A.No..4772/2021

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Hospital, the provisions of Sections 326 and 506 (ii) of the Indian Penal Code were incorporated as against the petitioners. It is submitted that, since there are serious injuries to the de facto complainant, the petitioners are not entitled to anticipatory bail, despite the fact that recovery has been effected and their interrogation was carried out once before.

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Having regard to the facts and circumstances of the case and considering the fact that the petitioners have already been interrogated and recovery has already been effected, I am of the opinion that that the custody of the petitioners may not be required for the purposes of proper investigation into Crime No. 53/2021 of Vandiperiyar Police Station.

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In the result, this bail application is allowed. It is directed that the petitioners shall be released on bail in the event of their arrest in connection with Crime No.53/2021 of Vandiperiyar Police Station, 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) The Petitioners shall report before the Investigating officer in Crime No. 53/2021 of Vandiperiyar Police at 9 a.m. on 28.1.2022 and thereafter whenever called upon to do so;

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(iii) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation, influence or intimidate any witness in Crime No. 53/2021 of Vandiperiyar Police Station ;

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B.A.No..4772/2021

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(iv) The petitioners 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. 53/2021 of Vandiperiyar Police Station may file an application before the jurisdictional Court for cancellation of bail.

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Sd/-

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GOPINATH P. JUDGE

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acd

Shaji v. State of Kerala

Case brief

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Shaji v. State of Kerala

Case brief

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