Partly allowed

1. Aromal P Sankar v. State of Kerala

Kerala HC4 Aug 2022Bail Appl./64/2022

Case brief

AI extract

What is this about?

Application for anticipatory bail filed by accused Nos. 2 and 3 cognizable under Sections 332 and 34 IPC relating to an assault on police. Anticipatory bail granted partially to the first petitioner, who is a student; bail to the second petitioner dismissed. Directions issued for interrogation.

What did the court decide?

Anticipatory bail allowed to first petitioner subject to conditions; bail dismissed to second petitioner. First petitioner directed to surrender on 12.08.2022.

1. Aromal P Sankar 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 VIJU ABRAHAM

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THURSDAY, THE 4TH DAY OF AUGUST 2022 / 13TH SRAVANA, 1944

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BAIL APPL. NO. 64 OF 2022

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(CRIME NO.1015/2021 OF ELAVUMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT)

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PETITIONERS/ACCUSED NOS.2 & 3:

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11. AROMAL P SANKAR, AGED 24 YEARS
S/O PRAMOD P T, SREEMANGALAM AYATHIL HOUSE,
ELAVUMTHITTA P O , MEZHUVELI VILLAGE, PATHANAMTHITTA
DISTRICT, PIN – 689641.

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22. UNNIKRISHNAN S KUMAR, AGED 31 YEARS
S/O SALIM M S , NAVARANG HOUSE, ELAVUMTHITA P O
MEZHUVELIL VILLAGE, PATHAMATHITTA DISTRICT, PIN –
689641.

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BY ADVS.
M.T.SURESHKUMAR
SHRI.R.RANJITH,SC,KOOVAPPADY GRAMA PANCH
SMITHA PHILIPOSE
SREELAKSHMI SABU
MANJUSHA K

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RESPONDENT/COMPLAINANT:

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

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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
04.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 64 OF 2022

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VIJU ABRAHAM, J

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Dated this the 4th day of August, 2022

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This is an application for anticipatory bail.

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The petitioners are accused Nos.2 and 3 in Crime

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No.1015/2021 of Elavumthitta Police Station, alleging commission of offences punishable under Sections 332 and 34 of the Indian Penal Code.

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The prosecution case is that on 06.12.2021 at about 9.30 PM, they attacked the police party and caused injuries to

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two police officials, by using a beer bottle and thereby the accused committed the aforesaid offences.

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The specific case of the petitioner is that they have

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been falsely implicated in the aforesaid crime and further that in Annexure-A1 remand application, it is stated by the first accused that 2 other persons along with him, Joseph Muttathukonam and Thanku @ Praveen were involved in the commission of crime and the learned counsel for the petitioners further submitted that they have no involvement in

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BAIL APPL. NO. 64 OF 2022

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the alleged crime and that the first petitioner is a student and further that the crimes in which they are involved are all minor offences.

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Learned Public Prosecutor opposed the application for bail mainly contending that in further investigation, the involvement of the petitioners were revealed and they were made accused and further that the petitioners are involved in other cases also.

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Considering the facts and circumstances of the case and the nature of the allegations and taking into consideration that the first petitioner is a student, I am inclined to grant anticipatory bail to the first petitioner. In the result, this application is allowed in part. Bail application of the second petitioner is dismissed. First petitioner shall surrender before the investigating officer in Crime No.1015/2021 of Elavumthitta Police Station, on 12.08.2022 at 11 am for interrogation. It is directed that in the event of arrest of the petitioner in Crime No.1015/2021 of Elavumthitta Police Station, he shall be produced before the Jurisdictional Magistrate’s Court and he shall be released on bail subject to the following conditions:-

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BAIL APPL. NO. 64 OF 2022

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(i) The petitioner shall execute a bond for a

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sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the

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likesum to the satisfaction of the Jurisdictional Court,

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(ii) The petitioner shall appear before the investigating officer in Crime No.1015/2021 of Elavumthitta Police Station, as and when called for,

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(iii) The petitioner shall not attempt to influence the defacto complainant or interfere

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with the investigation or to influence or intimidate any witness in Crime No.1015/2021

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of Elavumthitta Police Station,

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(iv) The petitioner 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.1015/2021 of Elavumthitta

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Police Station, may file an application before the jurisdictional Court, for cancellation of bail.

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BAIL APPL. NO. 64 OF 2022

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It is made clear that it is within the power of the police to investigate the matter and if 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 Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).

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sd/-

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VIJU ABRAHAM, JUDGE

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R.AV

1. Aromal P Sankar v. State of Kerala

Case brief

What is this about?

What did the court decide?

1. Aromal P Sankar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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