Allowed

Rinil.T v. State of Kerala

Kerala HC15 Mar 2022Bail Appl./780/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by two accused persons in a criminal case alleging offences under Sections 323, 324 and 308 IPC. While acknowledging that the main allegations were against another accused, the court granted anticipatory bail subject to strict conditions including appearance before the investigating officer.

What did the court decide?

Anticipatory bail granted subject to conditions of executing separate bonds, appearing before the investigating officer, not contacting the complainant, and not trying other crimes.

Rinil.T 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 GOPINATH P.

¶4

TUESDAY, THE 15TH DAY OF MARCH 2022 / 24TH PHALGUNA, 1943

¶5

BAIL APPL. NO. 780 OF 2022

¶6

CRIME NO.829/2021 OF THALASSERRY POLICE STATION

¶7

PETITIONER/S:

¶8

1RINIL.T
AGED 21 YEARS
AL MAS, THIRUVANGAD AMSOM, P.O.KAVUMBHAGAM,
KANNUR, PIN - 670649
2RAMEES
AGED 21 YEARS
KRISHNA NIVAS, THIRUVANGAD AMSOM, P.O.KAVUMBHAGAM.
KANNUR, PIN - 670649
BY ADV SHANAVAS NALAKATH RANDUPURAYIL

¶9

RESPONDENT/S:

¶10

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

¶11

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

¶12

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

BAIL APPL. NO. 780 OF 2022 2

¶14

ORDER

¶15

This is an application for anticipatory bail.

¶16

Petitioners are accused Nos.3 and 4 in Crime No.829/2021 of Thalasserry police station, alleging commission of offences under Sections 323, 324 and 308 of the Indian Penal Code.

¶17

Allegation against the petitioners is that on 25.12.2021, at about 10.15 pm, petitioners along with the other accused in the case attacked the de facto complainant and abused him in a filthy language. It is alleged that the 5^th accused had beaten him up on his head and face using an iron rod and the other accused had also beaten him up with their bare hands. It is alleged that when the 1^st accused beat the de facto complainant, the de facto complainant had evaded the attack and that otherwise, the attack would have resulted in the death of the de facto complainant.

¶18

Learned counsel appearing for the petitioners submits that the only non bailable offence alleged is that under section 308 of the Indian Penal Code. It is submitted that at any rate that offence is not attracted in so far as the petitioners are concerned. It is submitted that the petitioners

¶19

BAIL APPL. NO. 780 OF 2022 3

¶20

are absolutely innocent in the matter. It is submitted that the allegation of attack with an iron rod is as against the 5^th accused. It is submitted that the petitioners may be granted anticipatory bail as no criminal antecedents are reported against them.

¶21

I have heard the learned Public Prosecutor also. Learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that the petitioners are to be interrogated for determining the truth of the matter. It is submitted that the petitioners are not entitled to anticipatory bail as a matter of right.

¶22

Having regard to the facts and circumstances of the case and taking into account the fact that the main allegations appear to be against the 5^th accused, who is alleged to have attacked the de facto complainant with an iron rod, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions.

¶23

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.829/2021 of Thalasserry police Station subject to the following conditions:-

¶24

(i) Petitioners shall execute separate bonds for sums of

¶25

BAIL APPL. NO. 780 OF 2022 4

¶26

Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

¶27

(ii) Petitioners shall appear before the investigating officer in Crime No.829/2021 of Thalasserry Police station on 23.03.2022 and thereafter, as and when summoned to do so;

¶28

(iii) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.829/2021 of Thalasserry police station;

¶29

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

¶30

If any of the aforesaid conditions are violated, the investigating officer in Crime No.829/2021 of Thalasserry police station may file an application before the jurisdictional Court, for cancellation of bail.

¶31

sd/-

¶32

GOPINATH P.

¶33

JUDGE

¶34

ajt

Rinil.T v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rinil.T 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

Amal Raj @ Chandu Vs State of Kerala

Ajmal Vs State of Kerala

Prasamth Kumar Vs State of Kerala

M.S.Sumesh Vs State of Kerala

Shahana @ Sana, Vs the State of Kerala

Vishal Babu Vs State of Kerala