Allowed

Shaji v. State of Kerala

Kerala HC17 Feb 2023Bail Appl./511/2023

Case brief

AI extract

What is this about?

The High Court of Kerala, in a bail application, enlarges the petitioner on regular bail considering the progress of investigation and incarceration duration despite criminal antecedents related to intoxication and rash driving.

What did the court decide?

Petitioner enlarged on bail on bond of Rs.50,000 with two sureties, subject to multiple conditions regarding appearance, cooperation, and non-interference.

Shaji Vs State of Kerala — Bail and Remand | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

FRIDAY, THE 17^TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944 BAIL APPL. NO. 511 OF 2023

¶5

CRIME NO.1127/2022 OF THRIKKAKARA POLICE STATION, ERNAKULAM

¶6

PETITIONER/ACCUSED NO.1:

¶7

SHAJI AGED 25 YEARS, S/O.SHAMSU, CHATHAMVELIMUGHAL HOUSE, NGO QUARTERS BHAGAM, KAKKANAD, ERNAKULAM, PIN - 682030 BY ADVS. P.V.ANILKUMAR D.SARITHA KEERTHI PRIYA A. MANU MURALI T.

¶8

RESPONDENT/STATE/COMPLAINANT:

¶9

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT.T.V.NEEMA – SR.PP

¶10

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No. 511 of 2023

ORDER

Dated this the 17^th day of February, 2023

¶15

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is accused No.1 in crime No.1127/2022 of Thrikkakara Police Station, Ernakulam, where prosecution alleges commission of offences punishable under Sections 323, 324, 341, 308, 427, 506(ii) r/w 34 of IPC.

¶16

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.

¶17

Prosecution case to be read out from the report of the Investigating Officer is that, at 4.15 pm on 27.11.2022, accused persons in furtherance of their common intention, with intention to commit culpable homicide of the defacto complainant, wrongfully restrained him before the 'Friends Driving School' run by the defacto complainant and assaulted him. Though, the defacto complainant survived, he sustained very serious injuries. Pursuant to the said occurrence, crime was registered alleging commission of the above offences.

¶18

The learned counsel for the petitioner submitted that,

¶19

B.A.No. 511 of 2023

¶20

¶21

the petitioner is innocent. According to him, the petitioner has been in custody from 27.11.2022. Though the petitioner has criminal antecedents, according to the learned counsel for the petitioner, the criminal antecedents are pertaining to intoxication of liquor as well as rash and negligent driving. He has highlighted the progress of investigation and the custody of the petitioner from 27.11.2022 as reasons for grant of regular bail to the petitioner.

¶22

The learned Public Prosecutor, opposed grant of bail, mainly pointing out the criminal antecedents of the petitioner, which are listed hereunder:

¶23

Crime No. 1286/2021, U/S 118 a K.P Act of Thrikkakkara police station.

¶24

Crime No. 1740/2018, U/S 15 C of Abkari act of Thrikkakkara police station.

¶25

Crime No. 896/2014, U/S 118 a K.P Act, crime No.1112/ 2019, U/S 15 C Abkari Act of Thrikkakkara police station.

¶26

Crime No.1690/2015 U/S 118 a KP Act, crime No.1126/2019, U/S 15C Abkari Act of Thrikkakkara police station

¶27

crime No. 2241/2013, U/S 323,324,427,34 IPC of Ernakulam central police station,

¶28

crime No.1046/2015, U/S 279 IPC, 185 M.V.Act of Kalamassery police station

¶29

B.A.No. 511 of 2023

¶30

¶31

On perusal of these crimes, apart from Crime No. 2241/2013 other offences are as submitted by the learned counsel for the petitioner. Taking note of the progress of the investigation and the custody of the petitioner from 27.11.2022, I am inclined to enlarge the petitioner on bail on conditions and one among the condition is that, the petitioner shall not involve any offence during the currency of bail hereby granted and any such event, if rep orted, or cam e to the notice of this court, the same by itself shall be a reason to cancel the bail hereby granted.

¶32

Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

¶33

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.

¶34

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.

¶35

iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays

¶36

B.A.No. 511 of 2023

¶37

¶38

between 9 am and 10 am, for a period of two months.

¶39

iv. The petitioner shall not, directly or indirectly,

¶40

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.

¶41

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if rep orted, or cam e to the notice of this court, the same shall

¶42

be a reason to cancel the bail hereby granted.

¶43

Sd/-

¶44

A. BADHARUDEEN JUDGE

¶45

Shaji v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaji v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arjun @ Chikku Vs State of Kerala

Jose Antony Vs State of Kerala

Sumesh Thankappan Vs State of Kerala

Ashik Vs State of Kerala

Pranav Vs State of Kerala

Ashif Ali.T, Vs the State of Kerala