Dismissed

Gireesh@Sreejith v. State of Kerala

Kerala HC17 Mar 2022Bail Appl./790/2022

Case brief

AI extract

What is this about?

The Kerala High Court on March 17, 2022, dismissed bail applications filed by two accused persons (Accused Nos. 1 and 2) in a criminal case involving kidnapping and attempted murder charges under various sections of the Indian Penal Code and Arms Act. The court rejected arguments regarding innocence and lack of investigation necessity, citing the petitioners' criminal antecedents and the severity

What did the court decide?

Bail applications B.A.No.790/2022 and 1079/2022 stood dismissed; continued detention of petitioners was upheld.

Gireesh@Sreejith Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2022)

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B.A.No.790/2022 & conn.case

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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. THURSDAY, THE 17^TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943

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BAIL APPL. NO. 790 OF 2022

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CRIME NO.1952/2021 OF Kadakkavoor Police Station, Thiruvananthapuram

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PETITIONER/1st ACCUSED:

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GIREESH@SREEJITH AGED 40 YEARS KANJIRAM KOCHU KALLAYIL VEEDU, KULAMUTTAM, KAVALAYOOR, MANAMBOOR, ATTINGAL, THIRUVANANTHAPURAM., PIN - 695611

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BY ADV P.ANOOP (MULAVANA)

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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 SMT. SEETHA.S. (SR.P.P.)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.03.2022, ALONG WITH Bail Appl..1079/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.790/2022 & conn.case

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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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THURSDAY, THE 17^TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943

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BAIL APPL. NO. 1079 OF 2022

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CRIME NO.1952/2021 OF Kadakkavoor Police Station, Thiruvananthapuram

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PETITIONER/2ND ACCUSED:

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VISHNU AGED 27 YEARS THODIYIL PUTHEN VEEDU, NEAR DEVI TEMPLE, VELLOORKONAM, CHITTATTINKARA, KIZHUVILAM, THIRUVANANTHAPURAM DISTRICT., PIN - 695304

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BY ADV P.ANOOP (MULAVANA)

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RESPONDENT/S:

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

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BY SMT. SEETHA.S. (SR.P.P.)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.03.2022, ALONG WITH Bail Appl..790/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.790/2022 & conn.case

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ORDER

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[Bail Appl. Nos.790/2022, 1079/2022]

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The petitioners are accused Nos.1 and 2 in Crime No.1952/2021 of Kadakkavoor Police Station, Thiruvananthapuram alleging commission of offences under Sections 342, 294(b), 324, 506, 365, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

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The allegation against the petitioners is that they kidnapped the de facto complainant in a car on 6.12.2021 and attempted to kill him. It is alleged that the accused were armed with dangerous weapons such as sword, chopper, knife etc. It is also alleged that, while in the car, the petitioners along with the other accused in the case brutally attacked the de facto complainant.

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The learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that absolutely false allegations had been raised against the petitioners. It is submitted that the petitioners have been in custody for more than 100 days and their continued detention is not necessary for the purposes of any investigation as a final report has already been filed in the matter.

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Heard the learned Public Prosecutor also.

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The learned Public Prosecutor opposes the grant of bail, primarily on the ground that both the petitioners have criminal antecedents. In so far as accused No.1 is concerned, it is pointed out that, following cases

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B.A.No.790/2022 & conn.case

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have been registered against him:-

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I. Crime No.14/2006 of Kadakkavoor Police Station, U/s.143, 147, 149, 341, 323 & 379 of IPC.

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II. Crime No.486/2021 of Kadakkavoor Police Station,U/s.143, 147, 148, 149, 324, 326 & 302 of IPC and Section 3 of Explosive Substances Act.

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III. Crime No.100/2003 of Kallambalam Police Station, U/s.143, 147, 149, 341, 323 & 506(ii) of IPC and Section 27 of Arms Act.

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In so far as accused No.2 is concerned, following cases have been registered against him:-

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I. Crime No.06/2019 of Attingal Police Station, U/s.143, 147, 148, 294(b), 341, 323, 427, 452 & 308 r/w. Section 149 of IPC.

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II. Crime No.1314/2019 of Attingal Police Station, U/s.294(b), 451, 323, 324 & 354 of IPC.

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III. Crime No.1817/2020 of Attingal Police Station, U/s.447, 294 (b), 341 & 323 r/w. Section 34 of IPC.

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While it is admitted that in respect of accused No.1, two of the cases pertain to the year 2003 and 2006, it is pointed out that, in the year 2021, the 1^st accused is alleged to have committed the offence punishable under Section 302 of the Indian Penal Code. In so far as the 2^nd accused is concerned, it is submitted that most of the cases reported against him as criminal antecedents are fairly recent and include two cases registered alleging commission of offences under Section 308 of the Indian Penal Code.

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Having regard to the facts and circumstances of the case and

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B.A.No.790/2022 & conn.case

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despite the vehement submissions of the learned counsel for the petitioners, I am of the opinion that the petitioners are not entitled to bail at this point of time.

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In the result, the bail applications will stand dismissed.

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Sd/-

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GOPINATH P. JUDGE

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acd

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B.A.No.790/2022 & conn.case

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APPENDIX OF BAIL APPL. 1079/2022

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PETITIONER ANNEXURES

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Annexure1 TRUE COPY OF THE ORDER OF THE SESSIONS COURT, THIRUVANANTHAPURAM IN CRL MC 124/2022 DATED 22-01-2022

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B.A.No.790/2022 & conn.case

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APPENDIX OF BAIL APPL. 790/2022

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PETITIONER ANNEXURES

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Annexure1 TRUE COPY OF THE ORDER OF THE SESSIONS COURT, THIRUVANANTHAPURAM IN CRL MC 124/2022 DATED 22-01-2022 .

Gireesh@Sreejith v. State of Kerala

Case brief

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Gireesh@Sreejith v. State of Kerala

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