Allowed

Vishnu.B v. State of Kerala

Kerala HC19 Jan 2022Bail Appl./61/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by Vishnu B., the 3rd accused in a voyeurism and assault case. Considering the petitioner's age, antecedents, and the fact that the weapon was recovered from another accused, the court directed his release on bail subject to standard conditions.

What did the court decide?

Petitioner shall be released on bail by executing a bond of Rs.50,000 with two sureties each for Rs.50,000.

Vishnu.B Vs State of Kerala — Bail and Remand | 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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WEDNESDAY, THE 19^TH DAY OF JANUARY 2022 / 29TH POUSHA, 1943

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BAIL APPL. NO. 61 OF 2022 Crime No.2601/2021 of Malayinkeezh Police Station

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PETITIONER/3rd ACCUSED:

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VISHNU.B AGED 21 YEARS S/O BIJU, RESIDING AT S.L.BHAVAN, MEPPUKADA, MALAYINKEEZHU THIRUVANANTHAPURAM, PIN - 695573

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BY ADV SREENA B.S.

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RESPONDENT/COMPLAINANT:

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

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BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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ADV ASHI (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.61/2022

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O R D E R

The petitioner is the 3^rd accused in Crime No.2601/2021 of Malayinkeezh Police Station, Thiruvananthapuram District alleging commission of offences under Sections 341, 323, 324, 326, 506 (i) read with 34 of the Indian Penal Code.

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The allegation against the petitioner is that he along with the other accused attacked the de facto complainant and caused serious injuries to him including fracture of the bone beneath the left eye socket.

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The learned counsel for the petitioner submits that the petitioner is a 21 year old boy having no criminal antecedents. It is submitted that he is a Plumber by profession. It is submitted that even taking into consideration the entire allegations of the de facto complainant it is the 1^st accused who had attacked the de facto complainant and the 1^st accused had already been arrested and released on bail. It is submitted that recovery of weapons etc., have already been made from the 1^st accused and the custody of the petitioner is not necessary for the purposes of any investigation. It is also submitted that the complaint had been raised only to escape from the liability to repay a sum of Rs.70,000/- borrowed from the petitioner. Finally it is submitted that the family of the petitioner is in dire financial strains and the petitioner is the sole bread winner.

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The learned Public Prosecutor on instructions would submit that though the thrust of the allegations is against the 1^st accused, other accused

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B.A. No.61/2022

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including the petitioner herein are equally liable as there is an allegation that they had wrongfully restrained the de facto complainant enabling the 1^st accused to attack him in the manner indicated above. However, it is conceded that recovery has already been effected and the 1^st accused has been arrested and released on bail.

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Having regard to the facts and circumstances of the case and taking a lenient view, considering the age of the petitioner, and considering that his custody may not be necessary for the purpose of investigation I am of the view that the petitioner can be granted bail subject to conditions.

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In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.2601/2021 of Malayinkeezh 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;

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(ii) Petitioner shall appear before the Investigating officer in Crime No.2601/2021 of Malayinkeezh Police Station at 9 a.m on 27-01-2022 and thereafter as and when called upon to do so;

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(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.2601/2021 of Malayinkeezh Police Station;

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B.A. No.61/2022

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(iv) Petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer

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in Crime No.2601/2021 of Malayinkeezh Police Station may file an application before the jurisdictional Court for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

AMG

B.A. No.61/2022

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APPENDIX OF BAIL APPL. 61/2022

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PETITIONER ANNEXURES

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Annexure1 THE TRUE COPY OF THE IMARRIAGE NVITATION CARD OF THE PETITIONER'S YOUNGER SISTER

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Annexure2 CERTIFIED COPY OF THE IMPUGNED ORDER DT. 10-11-2021 IN CRL. M.C. NO. 2751/2021 OF THE HONOURABLE ADDITIONAL SESSIONS JUDGE- IV, THIRUVANANTHAPURAM

Vishnu.B v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vishnu.B v. State of Kerala

Case brief

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What did the court decide?

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