Allowed

Priyanlal C.P. @ Chinjilu v. State of Kerala

Kerala HC23 Feb 2023Bail Appl./325/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a regular bail application filed by the third accused in a murder case involving death from assault. The Court granted bail on conditions including bond execution, witness protection, and mandatory appearances with the Investigating Officer.

What did the court decide?

Petitioner released on bail with two sureties for Rs. 50,000 each and strict conditions of cooperation and non-interference.

Priyanlal C.P. @ Chinjilu Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2023)

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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 A. BADHARUDEEN THURSDAY, THE 23^RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA,

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1944

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BAIL APPL. NO. 325 OF 2023

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CRIME NO.731/2022 OF KANJAR POLICE STATION, IDUKKI

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DISTRICT, PIN-685 590

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PETITIONER/3RD ACCUSED :

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PRIYANLAL C.P. @ CHINJILU AGED 26 YEARS S/O PREMKUMAR, CHIRACKAL HOUSE, NALIYANI, KOOVAKANDOM KARA, VELLIYAMATTOM VILLAGE, IDUKKI, PIN - 685588

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BY ADVS.

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P.CHANDY JOSEPH C.K.VIDYASAGAR

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RESPONDENTS/STATE & COMPLAINANT :

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT KOCHI, PIN - 682031

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2 INSPECTOR OF POLICE, KANJAR POLICE STATION, IDUKI DISTRICT, PIN - 685590

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BY SMT.T V NEEMA, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON

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16.02.2023, THE COURT ON 23.02.2023 DELIVERED THE FOLLOWING:

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B.A.No.325 of 2023

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A.BADHARUDEEN, J.

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B.A.No.325 of 2023

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--------------------------------------------------------

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Dated this the 23^rd day of February, 2023

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O R D E R

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This is an application for regular bail filed under

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Section 439 of the Code of Criminal Procedure, by the petitioner, who is the third accused in Crime No.731 of 2022 of Kanjar Police Station, Idukki where, the prosecution alleges commission of offences punishable under Sections 341, 323, 324 and 302 r/w 34 of the Indian Penal Code.

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Heard the learned counsel for the

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petitioner as also the learned Public Prosecutor.

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I have perused the Case Diary materials

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produced by the learned Public Prosecutor.

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The prosecution case, as could be read out

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B.A.No.325 of 2023

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from the case diary materials placed by the learned Public Prosecutor, is that at, at 10.30 p.m. on 03.12.2022, accused in this case assaulted the defacto complainant near the house of one Manganattu Raghavan, after exchange of words between them. The specific case is that, Sam(deceased) pushed down the first accused. Then the third accused/the petitioner herein caught hold on Sam and at this juncture, the first accused caused stab injuries on his neck and other parts of the body by using a knife. The further allegation is that, the second accused brandished a knife whereby, one Kishore sustained injury on his left finger. Although Sam was given medical attendance at Chazhikkad Hospital, Thodupuzha, he succumbed to injuries. Thus, the above offences are alleged to be committed.

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While pursuing regular bail to the petitioner who is the third accused, who has been in custody from

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B.A.No.325 of 2023

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04.12.2022, the learned counsel for the petitioner would submit that the petitioner is innocent and the overt act at his instance is much less. It is submitted further that, it was the first accused who caused one stab injury and the same resulted in the murder of Sam. Highlighting the petitioner's custody from 04.12.2022 and the progress of investigation, the learned counsel for the petitioner sought the relief of regular bail with offer to co-operate with the investigation and trial.

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Whereas the learned Public Prosecutor specifically opposed bail and highlighted that in the postmortem certificate, eight anti-mortem injuries were noted and the same would include injuries caused by the petitioner also, apart from the stab injuries caused by the first accused. Further it is submitted that the petitioner herein is the person who restrained the above said Sam facilitating the first accused to cause fatal injuries on him.

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B.A.No.325 of 2023

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Therefore, the petitioner's complicity is on par with the other accused. As such, he is not liable to be released on regular bail at this stage, since the investigation is on the midway.

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I have perused the case diary, the postmortem certificate and the relevant materials. In this matter, one Sam died in consequence of assault at the instance of accused Nos.1 to 3. The specific allegation is that accused Nos.1 to 3, after sharing common intention, assaulted Sam with intention to murder him and the third accused facilitated the first accused to cause fatal injuries on the neck of the above said Sam and in consequence thereof, he died. Thus, the prosecution case is well made out prime facie. It is true that the petitioner has been in custody from 04.12.2022 onwards and no criminal antecedents reported insofar as the petitioner is concerned.

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B.A.No.325 of 2023

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Having noticed the above facts along with

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the progress of investigation, I am inclined to release the

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petitioner on bail on conditions.

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In the result, this petition stands allowed and he is released on bail on the following conditions:

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i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

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ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

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iii. The petitioner shall appear before the Investigating Officer as and when directed. He shall meet the Investigating Officer on every Monday in between 10.00 a.m. to 1.00 p.m. for a period of six weeks.

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iv. The petitioner shall not, directly or indirectly,

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B.A.No.325 of 2023

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make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

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v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the jurisdictional court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

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vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

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Sd/- A.BADHARUDEEN, JUDGE

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B.A.No.325 of 2023

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APPENDIX OF BAIL APPL. 325/2023

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PETITIONER ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE REMAND REPORT DATED 13.12.2022 SUBMITTED BY THE 2ND RESPONDENT

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ANNEXURE A2 CERTIFIED COPY OF THE ORDER 04.01.2023 IN CRL.M.C.1120/2022 OF HON'BLE SESSIONS COURT THODUPUZHA

Priyanlal C.P. @ Chinjilu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Priyanlal C.P. @ Chinjilu v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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