Allowed

Anil B @ Tintumon v. State of Kerala

Kerala HC14 Mar 2022Bail Appl./623/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed regular bail applications filed by two accused persons charged with NSA and grievous hurt offenses. The petitioners, having completed 90 days in custody with no final report filed, were granted statutory bail. Direction was given to release them subject to bond conditions.

What did the court decide?

Petitioners directed to be released on bail by executing separate bonds of Rs. 50,000 each with two solvent sureties each for the like sum.

Anil B @ Tintumon Vs State of Kerala — Contract and Commercial Disputes | 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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MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943

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BAIL APPL. NO. 623 OF 2022

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CRIME NO. 2127 OF 2021 OF ADOOR POLICE STATION,
PATHANAMTHITTA DISTRICT

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PETITIONER/ACCUSED-A1:

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ANIL B @ TINTUMON
AGED 35 YEARS, S/O. BHASKARAN
CHATHAKODU VEEDU, ETTIYAPARAMBU, MYLOM P.O.,
MYLOM VILLAGE, KOTTARAKARA, KOLLAM, PIN - 691560

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BY ADVS.
K.V.ANIL KUMAR
RADHIKA S.ANIL

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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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SRI. NOUSHAD K.A. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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BA Nos.623 & 637 of 2022

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..2..

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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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MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943
BAIL APPL. NO. 637 OF 2022

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AGAINST THE ORDER/JUDGMENT IN CRMP 2693/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS , ADOOR

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CRIME NO. 2127 OF 2021 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT

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PETITIONER/ACCUSED-A2:

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PRASANTH @ UNNI
AGED 26 YEARS, S/O. PRASAD,
KUZHIVILA MELATHIL HOUSE, ETTIYAPARAMB, MYLOM,
MYLOM VILLAGE, KOTTARAKARA TALUK,
KOLLAM DISTRICT.

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BY ADVS.
AJITH MURALI
SWAPNA VIJAYAN

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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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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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BA Nos.623 & 637 of 2022

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..3..

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BA Nos. 623 & 637 of 2022

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ORDER

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These are applications for regular bail.

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The petitioners in these bail application are accused in Crime No. 2127 of 2021 of Adoor Police Station, Pathanamthitta District alleging commission of offences under Sections 120 B, 450, 326 A, 324 r/w 34 of the Indian Penal Code. The allegation against the petitioners is that owing to previous enmity with the de facto complainant, on 16-12-2021 at about 8.14 P.M., the petitioners trespassed into the house of the de facto complainant, attacked him with dangerous weapons and also threw acid on his face, as a result of which he suffered burn injuries and also suffered lost of eye sight (partially).

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The learned counsel for the petitioners would submit that the petitioners are entitled to be bail without going to the

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BA Nos.623 & 637 of 2022

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..4..

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merits of the matter as they have already completed 90 days in custody and no final report has been filed in the matter. In other words it is submitted that the petitioners are entitled to be released on statutory bail and the continued detention is illegal.

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The learned Public Prosecutor confirms that no final report has been filed in the matter.

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Having regard to the above and without going to the merits of the matter, I am directed that the petitioner shall be released on bail as they are entitled to statutory bail as on date.

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In the result this bail application is allowed. It is directed that the petitioners shall be released on bail, 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) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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BA Nos.623 & 637 of 2022

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..5..

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(ii) The Petitioners shall report before the Investigating officer in Crime No.2127 of 2021 of Adoor Police Station, Pathanamthitta District as and when summoned to do so;

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(iii) The petitioners shall not attempt to interfere with the investigation, influence or contact the de facto complainant or any witness in Crime No.2127 of 2021 of Adoor Police Station, Pathanamthitta District;

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(vi) 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.2127 of 2021 of Adoor Police Station, Pathanamthitta District may file an application before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

ats

BA Nos.623 & 637 of 2022

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..6..

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APPENDIX OF BAIL APPL. 623/2022

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PETITIONER ANNEXURES

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Annexure-AA TRUE COPY OF THE ORDER DATED
13.01.2022 IN CRL.M.P NO. 94/2022 OF
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT - I, ADOOR.

Anil B @ Tintumon v. State of Kerala

Case brief

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Anil B @ Tintumon v. State of Kerala

Case brief

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