Allowed

Shinu Shaji @ Ambadi v. State of Kerala

Kerala HC14 Jan 2022Bail Appl./65/2022

Case brief

AI extract

What is this about?

The Court granted regular bail to the 5th accused in a crime involving trespass, criminal intimidation, assault, and attempted murder. The Court held that since the specific allegation against the petitioner was punishable by a bailable offence under Section 212 IPC, bail was granted as of right subject to standard conditions including bond execution and surrender weekly.

What did the court decide?

Petitioner released on bail subject to bond of Rs.50,000 with sureties, surrender every Saturday, and no contact with victim or witnesses.

Shinu Shaji @ Ambadi 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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FRIDAY, THE 14^TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943

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BAIL APPL. NO. 65 OF 2022

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CRIME NO.997/2021 OF ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA

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DISTRICT

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PETITIONER/ACCUSED:

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SHINU SHAJI @ AMBADI AGED 21 YEARS S/O SHAJI, AGED 21 YEARS,KOLLACHIRAVELI VEEDU, CHERTHALA SOUTH.P.O, WARD.NO.14 CHERTHALA MUNICIPALITY,ALAPPUZHA DISTRCICT., PIN - 688552

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BY ADV T.P.SANTHOSH KUMAR

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RESPONDENT:

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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. T.R. RANJITH (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.65 OF 2021

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ORDER

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This is an application for regular bail.

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The petitioner is the 5^th accused in Crime No.997/2021 of

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Alappuzha North Police Station, Alappuzha District. That crime was registered under Sections 294(b), 452, 427, 326, 324, 307, 212 r/w Section 34 of the Indian Penal Code.

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It is alleged that accused Nos.1 to 4 on account of their previous enmity with one Vimal and in furtherance of their common intention to kill him, criminally trespassed into the house of the aforesaid Vimal and inflicted serious injuries on him using a sword while he was asleep in his house. The allegation against the petitioner is that he helped to harbour the accused.

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The learned counsel for the petitioner submits that since the only allegation against the petitioner is that relatable to Section 212 of the Indian Penal Code, the petitioner is entitled to bail as of right as the offence is clearly bailable.

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The learned Public Prosecutor, on instructions, submits that, at present, the only allegation against the petitioner is that under Section 212 of the Indian Penal Code.

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BAIL APPL. NO.65 OF 2021

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Having regard to the fact that the petitioner is accused only of a

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bailable offence, I am of the view that the petitioner is entitled to bail without considering any other aspect.

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In the result, this application is allowed and it is directed that

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the petitioner shall be released on bail, subject to the following conditions:-

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(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties 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.997/2021 of Alappuzha North Police Station, Alappuzha District on every Saturday at 11.00 am till the filing of the final report in that crime;

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(iii) The petitioner shall not attempt to contact the de-facto complainant/victim or influence or intimidate the de-facto complainant/victim or any witness in Crime No.997/2021 of Alappuzha North Police Station, Alappuzha District;

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

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BAIL APPL. NO.65 OF 2021

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.997/2021 of Alappuzha North Police Station, Alappuzha District 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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bng/14.01.2022

Shinu Shaji @ Ambadi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shinu Shaji @ Ambadi v. State of Kerala

Case brief

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What did the court decide?

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