Allowed

Jyothish, v. the State of Kerala

Kerala HC7 Jan 2022Bail Appl./8275/2021

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam considered a bail application for accused Nos. 3 and 4 in a case alleging affray and assault. The court granted anticipatory bail subject to strict conditions, including the execution of bonds, regular appearance before the investigating officer, and surrender of passports.

What did the court decide?

Anticipatory bail granted to the petitioners subject to conditions including execution of bonds for Rs. 50,000, regular appearance before the investigating officer, surrender of passports, and non-int

Jyothish, Vs the 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 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943

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BAIL APPL. NO. 8275 OF 2021

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AGAINST THE ORDER IN CRMC 1227/2021 OF SESSIONS COURT,KOLLAM
CRIME NO.811/2021 OF POOYAPPALLY POLICE STATION

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PETITIONER/ACCUSED NOS.3 AND 4:

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1JYOTHISH,
AGED 44 YEARS
S/O.MURALI, VELLILAZHIKAM, MYLODE P.O, POOYAPPALLY,
KOLLAM-691 537

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2VISHAK,
AGED 30 YEARS
S?O. RAJASEKHARANPILLAI, KIZHAKKAHTHIL PUTHENVEEDU,
NETTAYAM P.O, AMBALAMKKUNNU, KOLLAM-691 537

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BY ADVS.
P.V.SARITHA VENUGOPAL
V.S.SHIRAZ BAVA
BASIL MATHEW

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RESPONDENT/STATE:

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THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031

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SRI. T.R. RANJITH (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 8275 OF 2021 2

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ORDER

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This is an application for anticipatory bail.

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Petitioners are the accused in Crime No.811/2021of Pooyappally police station, Kollam district, alleging commission of offences under Sections 294(b), 323, 324, 341, 308 and 326 r/w. Section 34 of the Indian Penal Code.

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Allegation against the petitioners is that they attacked the de facto complainant and his fried when the de facto complainant and his friend had gone to the house of the 1^st accused to settle a dispute between them.

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Learned counsel appearing for the petitioners submits that the 3^rd accused is the Director of a Company namely V.K. Rocks and the de facto complainant used to take supply of rocks and other materials from the said Company. It is submitted that the 1^st accused and the 4^th accused in the case are employees of the 3^rd accused and the 2^nd accused is the son of the 1^st accused. It is submitted that there was a dispute between the de facto complainant and the 3^rd accused regarding payment of amounts for the materials being supplied and that the de facto complainant wanted the rates to be

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BAIL APPL. NO. 8275 OF 2021 3

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substantially reduced. It is also submitted that for a discussion regarding this issue, the de facto complainant and his friend had gone to the house of the 1^st accused and thereafter had attacked the 1^st accused and his son (the 2^nd accused) and had run away from the place. It is submitted that in the attempt to flee from the scene, the de facto complainant and his friend sustained injuries and thereafter a crime was registered at their instance, alleging that the petitioners and the other accused had manhandled them. Learned counsel also submits that the 1^st accused has already been released on regular bail and the 2^nd accused has already been released on anticipatory bail by the Sessions Court.

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Learned Public Prosecutor submits that the 1^st accused was granted bail after some days in custody. It is submitted that main allegations are against the 1^st accused. It is also confirmed that the 2^nd accused has been granted anticipatory bail.

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Having regard to the facts and circumstances of the case, I am convinced that custodial interrogation of the petitioners is not necessary for a proper investigation into crime No.811/2021 of Pooyappally police station. I am

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BAIL APPL. NO. 8275 OF 2021 4

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therefore of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions.

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In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No.811/2021of Pooyappally police Station subject to the following conditions:-

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(i) Petitioners shall execute separate bonds for sums 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;

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(ii) Petitioners shall appear before the investigating officer in Crime No.811/2021of Pooyappally Police station every at every Saturday commencing from 15.01.2022 till 26.02.2022 and thereafter as and when called upon to do so;

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(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.811/2021of Pooyappally police station;

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(iv) The petitioners shall surrender their passports before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file

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BAIL APPL. NO. 8275 OF 2021 5

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the same before the said court within seven days of release on bail;

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(v) The petitioners 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.811/2021of Pooyappally police station may file an application before the jurisdictional Court, for cancellation of bail.

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sd/-

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GOPINATH P.

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JUDGE

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ajt

Jyothish, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Jyothish, v. the State of Kerala

Case brief

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What did the court decide?

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