Allowed

Kuriyan John v. State of Kerala

Kerala HC12 Jul 2023Bail Appl./3736/2023

Case brief

AI extract

What is this about?

Appeal against anticipatory bail granted to accused persons alleged to have committed offences related to unlawful assembly and riot. Court directed surrender for interrogation within three weeks before release.

What did the court decide?

Petitioners directed to surrender within three weeks for interrogation, after which they will be released on bail upon executing bond of Rs. 1,00,000/- each with two solvent sureties.

Kuriyan John Vs State of Kerala — Bail and Remand | 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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 12^TH DAY OF JULY 2023 / 21ST ASHADHA, 1945

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BAIL APPL. NO. 3736 OF 2023

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CRIME NO.9/2023 OF KARIKKOTTAKARI POLICE STATION

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PETITIONER/ACCUSED 1, 4, 5 & 6:

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1 KURIYAN JOHN, AGED 62 YEARS S/O.JOHN, CHETTIYATTU HOUSE, VANIYAPARA, P.O.CHARAL, IRITTY TALUK, KANNUR DISTRICT,, PIN - 670706

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2 ABRAHAM VALIMALAYIL, AGED 72 YEARS , S/O.ABRAHAM MURIKKUMKARI, P.O.CHARAL, IRITTY TALUK, KANNUR DISTRICT,, PIN - 670704

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3 MATHAI VARAGANATTU, AGED 67 YEARS , S/O.JOSEPH MURIKKUMKARI, P.O.CHARAL, IRITTY TALUK, KARMUR DISTRICT, PIN - 670704

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4 BIJU KUMAR KARIMBIL, AGED 47 YEARS , S/O.JOSE, EDAPUZHA P.O, IRITTY TALUK, KANNUR DISTRICT, PIN - 670704 BY ADVS. K.V.PAVITHRAN JAYANANDAN MADAYI PUTHIYAVEETTIL JITHIN S SUNDARAN ADARSH KURIAN

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RESPONDENT/COMPLAINANT:

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

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(REPRESENTING THE STATION HOUSE OFFICER, KARRIKKOTTAKARI POLICE STATION, KANNUR DISTRICT) ADV CS HRITHWIK -SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.3736/2023

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ORDER

Dated this the 12^th day of July, 2023

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This is an application for anticipatory bail.

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The petitioners are accused Nos.1, 4, 5 and 6 in crime No.9/2023 of Karrikkottakari Police Station. The offences alleged against the accused are under Sections 143, 147, 341, 323, 353 read with Section 149 of the Indian Penal Code.

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The prosecution case is that on 04.01.2023, the accused persons formed themselves into an unlawful assembly and committed rioting at Edappuzha in Karikkottakari and thereby obstructed the discharge of the duties of the Advocate Commissioner appointed by the Sub Court, Thalassery in O.S. No.45/2021. The crime was registered in such circumstances and as the petitioners apprehend arrest in connection with the investigation of the said case, this application for anticipatory bail is submitted.

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Heard Sri. K.V. Pavithran, the learned counsel appearing for the petitioners and Sri. C.S. Hritwik, the learned

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B.A.No.3736/2023

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: 3 :

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Senior Public Prosecutor for the State.

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I have gone through the records. Even though there

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are certain allegations against the petitioner, from the facts and circumstances of the case, I do not find any necessity of custodial interrogation of the petitioners. Therefore, I am of the view that, interest of justice would be served, if the cooperation of the petitioners with the investigation is ensured.

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In such circumstances, this bail application is disposed of with the following directions:

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(i) The petitioners shall surrender before the Investigating Officer, within a period of three weeks from today, for subjecting themselves to interrogation.

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(ii) After interrogation, the petitioners shall be released on bail on the very same day of surrender upon executing a bond for `1,00,000/- (Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

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(iii) The petitioners shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for recovery, if any, as and when demanded.

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(iv) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m. every Saturday until the filing of the final report.

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B.A.No.3736/2023

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: 4 :

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(v) The petitioners shall also appear before the Investigating Officer as and when required.

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(vi) The petitioners shall not commit any offence of similar nature while on bail.

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(vii) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

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(viii) The petitioners shall not leave India without the permission of the Jurisdictional Court.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

B.A.No.3736/2023

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APPENDIX OF BAIL APPL. 3736/2023

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PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER OF THE SESSIONS JUDGE Annexure A2 TURE COPY OF THE PLAINT FILED BY PLAINTIFF IN OS NO. 45/2021 Annexure A3 TURE COPY OF THE WRITTEN STATEMENT FILED BY DEFENDANTS IN OS NO. 45/2021 Annexure A4 TURE COPY OF THE COMMISSION APPLICATION IN OS NO. 45/2021

Kuriyan John v. State of Kerala

Case brief

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Kuriyan John v. State of Kerala

Case brief

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