Allowed

Vinay v. State of Kerala

Kerala HC6 Oct 2022Bail Appl./7323/2022

Case brief

AI extract

What is this about?

Bail application filed by accused numbers 4 to 6 in a case involving assault, intimidation, and theft was allowed. The High Court granted bail subject to stringent conditions including execution of bonds, periodic reporting, and non-interference with witnesses.

What did the court decide?

Petitioners released on bail on execution of bonds along with two sureties and observance of stringent conditions including regular appearance and non-interference with investigation.

Vinay Vs State of Kerala — Bail and Remand | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

¶4

THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944

¶5

BAIL APPL. NO. 7323 OF 2022

¶6

AGAINST THE ORDER/JUDGMENTCMP 3358/2022 OF CHIEF JUDICIAL MAGISTRATE PALAKKAD

¶7

PETITIONERS/ACCUSED NOS. 4 TO 6:

¶8

1 VINAY

¶9

AGED 24 YEARS
S/O. NANDAKUMAR, KOTTUVALA HOUSE, KARALAM,
IRINJALAKUDA, THRISSUR , PIN - 680711
2AJITH
AGED 20 YEARS
S/O. BIJU, THIRUVANJIKULAM, KARALAM, IRINJALAKKUDA,
THRISSUR , PIN - 680711
3JISHNU
AGED 20 YEARS
S/O. SHAJU, KAKKERI HOUSE, KARALAM, IRINJALAKKUDA,
THRISSUR , PIN - 680711
BY ADV VISHNUPRASAD NAIR

¶10

RESPONDENT/STATE:

¶11

STATE OF KERALA

¶12

REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA,
KOCHIN, PIN - 682031
BY ADV SRI. M.C ASHI, PUBLIC PROSECUTOR

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

Bail Appln No. 7323 of 2022 2

¶15

VIJU ABRAHAM , J.

¶16

=========================== Bail Appln. No. 7323 of 2022

¶17

============================ Dated this the 6^th day of October, 2022

¶18

O R D E R

¶19

This is an application for regular bail.

¶20

The petitioners are the accused Nos. 4 to 6 in Crime No. 833/2022 of Palakkad Town South Police Station, Palakkad district alleging commission of offences punishable under Sections 341, 324, 506 (i), 394, 365 r/w Section 34 of the Indian Penal Code.

¶21

The prosecution case is that in between 27.08.2022 at 21:30 hrs and 28.08.2022 at 03:00 hrs, the accused No.2 in further of their common intention with the other accused, invited the defacto complainant to Palakkad where accused Nos. 1 to 4 wrongfully restrained him and took the photographs of accused No. 2 and the defacto complainant together, accused No.3 beat him with stone and accused Nos. 1 and 4 threatened him. Accused No.1 hit on his hand and head, snatched various items from him.

¶22

Petitioners submitted that they are totally innocent of the charges leveled against them and further submitted that they are in custody from 29.08.2022. It is also submitted that they have no other criminal antecedents.

¶23

Bail Appln No. 7323 of 2022 3

¶24

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

¶25

Learned Public Prosecutor opposed the application for bail mainly contenting that the petitioners herein have an active role in restraining the defacto complainant and the car and the gold chain lost from the defacto complainant were recovered based on the statement of the 1^st petitioner herein, who is the 4^th accused in the crime. The learned Public Prosecutor further submitted that the petitioners have no other criminal antecedents.

¶26

Considering the facts and circumstances of the case and the nature of allegation, and that the petitioners are in custody from 29.08.2022 onwards and that they have no other criminal antecedents, I am inclined to grant bail to the petitioners.

¶27

In the result, the bail application is allowed and it is ordered that the petitioners shall be released on bail on the following stringent conditions:

¶28

(i) The petitioners shall execute bonds for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

¶29

(ii) Petitioners shall appear before the investigating officer in Crime No. 833/2022 of Palakkad Town

¶30

Bail Appln No. 7323 of 2022 4

¶31

South Police Station, on every Saturday at 11 am till filing of final report;

¶32

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No. 833/2022 of Palakkad Town South Police Station.

¶33

(v) The petitioners shall not involve in any other crime while on bail.

¶34

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 833/2022 of Palakkad Town South Police Station, may file an application before the jurisdictional court, for cancellation of bail.

Sd/-

VIJU ABRAHAM

JUDGE

sks/-

Vinay v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vinay v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Madhu Vs State of Kerala

Sreekumar Vs State of Kerala

Sreekumar Vs State of Kerala

Manikandan Vs State of Kerala

Mohammed Haneefa Thalakkal Vs State of Kerala

Ajmal Rashad P.K Vs State of Kerala