Partly allowed

Pavoor Dillep Kumar v. State of Kerala Rpresented by the Public Prosecutor

Kerala HC26 Aug 2022Bail Appl./5200/2022

Case brief

AI extract

What is this about?

The Court granted pre-arrest bail to the second accused under stringent conditions while refusing anticipatory bail to the first accused due to serious overt acts alleged against him. The first accused was directed to surrender and cooperate with the investigation.

What did the court decide?

Pre-arrest bail granted to the 2nd applicant on stringent conditions; anticipatory bail refused to the 1st applicant; direction to 1st applicant to surrender and cooperate with investigation.

Pavoor Dillep Kumar Vs State of Kerala Rpresented by the… — Anticipatory Bail | 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 VIJU ABRAHAM

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FRIDAY, THE 26^TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944

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BAIL APPL. NO. 5200 OF 2022

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AGAINST THE ORDER/JUDGMENTCRMC 845/2022 OF DISTRICT COURT & SESSIONS COURT,THALASSERY

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PETITIONER/ACCUSED NOS.1 & 2:

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1 PAVOOR DILLEP KUMAR, AGED 46 YEARS S/O. KRISHNAN.P, PAVOOR HOUSE, KOROM, CHALAKKODE P.O, PAYYANUR, KANNUR DISTRICT, PIN - 670307

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2 SURESH.K, AGED 47 YEARS S/O. JANAKI, KATTOOR HOUSE, KOROME, CHALAKKODE P.O, PAYYANUR, KANNUR DISTRICT, PIN - 670307

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BY ADVS. M.ANUROOP

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LEKSHMI S.SEKHER

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA RPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN - 682031

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OTHER PRESENT:

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PP - SMT. NIMA JACOB

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 5200 of 2022 2

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VIJU ABRAHAM, J.

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-------------------

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B.A. No. 5200 of 2022

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---------------------------------Dated this the 26^th day of August, 2022

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Application for anticipatory bail.

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Petitioners are the accused 1 & 2 in Crime

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No.439 of 2022 of Payyanur Police Station,

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registered alleging commission of offences punishable under Sections 341, 294(b), 323, 325, 326 r/w S.34 IPC.

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The prosecution allegations is that, on 07-06-

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2022 at 2.30 pm near to Riya Masjid in Korom

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Village, the accused, in furtherance of their common

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intention, wrongfully restrained the defacto complainant and beat on his face using their hands. When the defacto complainant fell down to the

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ground, the accused attacked and he has sustained severe injuries in the alleged incident.

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The petitioners submit that they have been falsely implicated in the above said crime and they

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B.A. No. 5200 of 2022 3

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have no other criminal antecedents.

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Heard the learned counsel appearing for the

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petitioners and the learned Public Prosecutor.

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The learned Public Prosecutor upon

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instructions submitted that the defacto complainant sustained serious injuries in the alleged incident

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and further submits that serious overt acts are alleged against the 1^st accused. The only allegation against the 2^nd petitioner is that he restrained the defacto complainant. Learned Public Prosecutor further submits that the petitioners have no other criminal antecedents.

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. Having regard to the facts and circumstances

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of the case, and nature of the allegations and serious overt acts are alleged against the 1^st petitioner, I am not inclined to grant anticipatory

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bail to the 1^st petitioner, but I am inclined to grant pre-arrest bail to the 2^nd petitioner, but on stringent conditions. The above bail application is allowed in part with the following directions. The 2^nd petitioner shall surrender before the

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B.A. No. 5200 of 2022 4

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investigating officer on 31.08.2022 and make himself

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available for interrogation on that day or on any

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other day or days as directed by the investigating

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officer. In the event of arrest of the 2^nd

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petitioner in Crime No.439 of 2022 of Payyanur

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Police Station, he shall be produced before the

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jurisdictional Magistrate on the same day and be

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released on bail on the following conditions:

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(i) The petitioner shall execute a bond for

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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;

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(ii) The petitioner shall appear before the investigating officer in Crime No.439/2022 of Payyanur Police Station as and when summoned to do so;

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(iii) The petitioner shall co-operate with the investigation and make himself available for interrogation whenever so required;

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(iv) The petitioner shall not tamper with any evidence;

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(v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the

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B.A. No. 5200 of 2022 5

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facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

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

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If any of the aforesaid conditions are violated,

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the Investigating Officer in Crime No.439/2022 of Payyanur Police Station, may file an application

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before the jurisdictional court for cancellation of bail.

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It is made clear that it is within the power of

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the police to investigate the matter and if

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necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in

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Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663) .

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The 1^st petitioner shall surrender before the

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investigating officer and shall co-operate with the

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investigation. After interrogation, he shall be produced before the Jurisdictional Magistrate on the

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B.A. No. 5200 of 2022 6

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very same day. If an application for bail is moved with prior notice to the Public Prosecutor, same shall be considered by the learned Magistrate without much delay. I am issuing this direction, taking note of the fact that the 1^st petitioner has no other criminal antecedents.

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Sd/- VIJU ABRAHAM,JUDGE

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Pavoor Dillep Kumar v. State of Kerala Rpresented by the Public Prosecutor

Case brief

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Pavoor Dillep Kumar v. State of Kerala Rpresented by the Public Prosecutor

Case brief

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