Allowed

Biju @ Janmi Biju, v. State of Kerala

Kerala HC28 Feb 2024Bail Appl./1419/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC by the sole accused in a case involving alleged assault on and obstruction of police officers. Investigation was complete and final report filed. The court held continued detention unnecessary and granted bail with conditions.

What did the court decide?

Applicant released on regular bail on bond of Rs.1,00,000 with two solvent sureties, subject to conditions on witness contact, travel and conduct.

Biju @ Janmi Biju, Vs State of Kerala — Bail and Remand | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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WEDNESDAY, THE 28^TH DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945 BAIL APPL. NO. 1419 OF 2024

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CRIME NO.1350/2023 OF Thalassery Police Station, Kannur AGAINST THE ORDER IN CMP 646/2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS,THALASSERY

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PETITIONER/ACCUSED:

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BIJU @ JANMI BIJU, AGED 43 YEARS S/O. RAGHAVAN, JANMINTAVIDA HOUSE, PANNYANNOOR AMSOM, ARAYAKOOL, KANNUR DISTRICT, PIN - 670694 BY ADVS. CIBI THOMAS AISHWARYA SHIVAKUMAR ANSIA K.A.

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RESPONDENT/STATE AND COMPLAINANT:

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

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2 THE STATION HOUSE OFFICER, THALASSERY POLICE STATION, THALASSERY. P.O, KANNUR DISTRICT, PIN - 670692

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OTHER PRESENT:

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ADV ALEX M THOMBRA-SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.1419/2024

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O R D E R

Dated this the 28^th day of February, 2024

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This is the second bail application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

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The applicant is the sole accused in Crime No.1350/2023 of Thalassery Police Station. The offences alleged are punishable under Sections 341, 353, 332 and 506(i) of the Indian Penal Code.

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The prosecution case, in short, is that on 5/10/2023 at noon, in front of the gate of Special Sub Jail, Thalassery, the applicant assaulted one Prasad and on receipt of the information, the de-facto complainant, who is the ASI of Police and party came to the spot by 4.00 p.m and thereafter the applicant wrongfully restrained and assaulted the de facto complainant and others, obstructed him from discharging his official duty and thereby committed the offences.

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I have heard Sri.Cibi Thomas, the learned counsel for the applicant and Sri.Alex M.Thombra, the learned Senior Public

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BA No.1419/2024

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Prosecutor. Perused the case diary.

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The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

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The applicant was remanded to judicial custody on 5/10/2023. Since then, he is in custody. The learned Public Prosecutor submits that the investigation is over and final report has already been filed. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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In the result, the application is allowed on the following conditions: -

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(i) The applicant shall be released on bail on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent

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BA No.1419/2024

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sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

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(ii) The applicant shall not commit any offence of a like nature while on bail.

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(iii) The applicant shall not 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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(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

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(v) The application, if any, for deletion/modification of the

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bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

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Sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

BA No.1419/2024

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APPENDIX OF BAIL APPL. 1419/2024

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PETITIONER ANNEX	URES
Annexure -I	TRUE COPY	OF	THE ORDER DATED 16.02.2024
	IN CMP.N THALASSERY	O.	646/2024 OF THE JFCM,
Annexure -II	TRUE COPY IN WP(C)NO	OF .13	THE ORDER DATED 14.02.2024 14/2023
Annexure -III	TRUE COPY	OF	THE ORDER DATED 01.12.2023
	IN BA NO.	102	48/2023

Biju @ Janmi Biju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Biju @ Janmi Biju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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