This court dealt with a bail application regarding accused persons facing criminal charges. The judgment addressed a bail condition requiring security deposit for accused without antecedents.
7th condition directing deposit of security amount for petitioners 2 and 3 was deleted, and the amount was ordered to be refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943
CRL.MC NO. 784 OF 2022
AGAINST THE ORDER PASSED BY THE HON'BLE PRINCIPAL SESSIONS COURT AT KOLLAM IN CRL.M.C NO.110/2022 IN CRIME NO.25/2022 OF PARAVOOR POLICE STATION DATED 27.01.2022.
PETITIONERS/ACCUSED NO.1 TO 3:
1 SEBASTIAN AGED 25 YEARS S/O FRANCIS, VILAYIL VEEDU, KALAKKODU CHERRY, POOTHAKKULAM-691302, PIN - 691302 2 NANDU AGED 28 YEARS S/O NAGARAJAN, VARAMBITTUVILA VEEDU, KALAKKODU CHERRY, POOTHAKKULAM VILLAGE 691302., PIN - 691302 3 VISHNU ALIAS PODICHAN AGED 27 YEARS, THEKKEKALLZHIKOM, KALAKKODU CHERRY, POOTHAKKULAM VILLAGE 691302., PIN - 691302 BY ADV M.R.SASITH
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR KERALA HIGH COURT, PIN - 682031 SR.PP - SMT. SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Petitioners are accused in Crime No.25/2022 of Paravoor police station, which was registered alleging offence under Sections 452, 294(b), 427, 323, 324, 326 and 308 read with Section 34 of the IPC. The allegation is that on 09.01.2022 at 12:00 p.m, accused persons after making preparations, broke open the residential premises of the defacto complainant and the 1st accused after uttering obscene words, fisted on his chest and the 2nd accused attempted to strike on his head with a wooden stick, which he evaded with his right hand and he suffered a fracture on the right hand, if that was not evaded, that would have turned fatal to him. They also committed acts of mischiefs.
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condition in Annexure A1 order, whereby they were directed to deposit an amount of Rs.50,000/- each before the jurisdictional court.
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to impose such a condition which are necessary to secure the presence of the accused persons before court, while granting bail. Imposing a condition directing to deposit an amount as security cannot be said to be illegal or unauthorised. Whatever it may be, it has come out that the petitioners 2 and 3 do not have any criminal antecedents to their credit. Therefore, that a condition in respect of petitioners 2 and 3 is unnecessary. However, the condition imposed as regards the 1st petitioner to deposit the amount cannot be found fault with, as he is a person having criminal antecedents to his credit. Therefore, the 7th condition as regards to the petitioners 2 and 3 shall stand deleted and the amount shall be refunded.
Crl.M.C is disposed of as above.
Jms/22.02
//True Copy// P.A to Judge
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APPENDIX OF CRL.MC 784/2022
PETITIONER ANNEXURES
Annexure1 THE TRUE COPY OF THE ORDER PASSED BY THE HON’BLE PRINCIPAL SESSIONS COURT AT KOLLAM IN CRL.MC NO.110/2022 IN CRIME NO. 25/2022 OF PARAVOOR POLICE STATION DATED 27.01.2022
3 issues framed by the court
Whether the condition to deposit security amount imposed on accused with no criminal antecedents was unreasonable and required deletion.
Whether bail grants satisfy the requirements of Section 439 Cr.P.C even if some conditions seem unwholesome.
Whether antecedents affect the necessity of deposit conditions for accused persons in bail orders.
1 provisions across 1 enactments
Sebastian
Nandu
Vishnu alias Podichan
State of Kerala
K.Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
