Allowed

Ron Mathai Cherian, v. State of Kerala

Kerala HC4 Apr 2024Bail Appl./952/2024

Case brief

AI extract

What is this about?

Rival cross-cases from a single clash near Pooyappally, Kollam. Accused in both counter-charges sought pre-arrest bail. Court found prosecution cases prima facie made out in both crimes but granted bail to all petitioners with surrender, interrogation for two days, recovery of weapons and standard conditions.

What did the court decide?

Pre-arrest bail to all five petitioners on surrender, interrogation and weapon recovery, with bond of Rs.30,000 each plus two sureties and investigation co-operation conditions.

Ron Mathai Cherian, Vs State of Kerala — Anticipatory Bail | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
BAIL APPL. NO. 638 OF 2024

¶5

CRIME NO.87/2024 OF POOYAPALLY POLICE STATION, KOLLAM

¶6

PETITIONER/ACCUSED:

¶7

DEEPU S. ,
AGED 44 YEARS
S/O. RAVEENDRAN, KADAYIL VEEDU, MYLODU P.O.,
POOYAPPALLY, KOLLAM, PIN - 691506
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KRISHNAKUMAR

¶8

RESPONDENTS:

¶9

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

¶10

2 STATION HOUSE OFFICER, POOYAPPALLY POLICE STATION,(CRIME NO.87/2024 OF POOYAPPALLY POLICE STATION, KOLLAM DISTRICT) PIN - 691537

¶11

SR PP - RENJITH GEORGE,PP M P PRASHANTH

¶12

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.04.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶13

B.A.Nos. 638, 952, 1147, 1148 & 1534 of 2024

¶14

¶15

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶16

PRESENT

¶17

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

¶18

BAIL APPL. NO. 952 OF 2024

¶19

CRIME NO.86/2024 OF POOYAPALLY POLICE STATION, KOLLAM

¶20

PETITIONER/ACCUSED:

¶21

RON MATHAI CHERIAN,
AGED 36 YEARS
S/O MATHAI CHERIAN, VILAPPURATHU PUTHEN VEEDU,
POOYAPALLY P.O, PIN - 691537
BY ADVS.
GEO PAUL
JACOB GEORGE PALLATH

¶22

RESPONDENTS/STATE:

¶23

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

¶24

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.04.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶25

B.A.Nos. 638, 952, 1147, 1148 & 1534 of 2024

¶26

¶27

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶28

PRESENT

¶29

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

¶30

BAIL APPL. NO. 1147 OF 2024

¶31

CRIME NO.86/2024 OF POOYAPALLY POLICE STATION, KOLLAM
 IN CRMC NO.154 OF 2024 OF DISTRICT COURT & SESSIONS COURT, KOLLAM

¶32

PETITIONER/1ST ACCUSED:

¶33

BIBIN ALEXANDER,
AGED 34 YEARS
S/O. ALEXANDER, KOLLAKARAN VEEDU, POOYAPPALLY,
KIZHAKU BHAGAM, POOYAPPALLY, KOLLAM, PIN - 691537
BY ADVS.
B.N.HASKAR
B.K.GOPALAKRISHNAN

¶34

RESPONDENT/COMPLAINANT:

¶35

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

¶36

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.04.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶37

B.A.Nos. 638, 952, 1147, 1148 & 1534 of 2024

¶38

¶39

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶40

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
BAIL APPL. NO. 1148 OF 2024

¶41

CRIME NO.86/2024 OF POOYAPALLY POLICE STATION, KOLLAM

¶42

PETITIONER/ACCUSED (IDENTIFIABLE):

¶43

LIGIN JOHN,
AGED 31 YEARS
S/O. M. JOHN, ALUVILA VEEDU, POOYAPPALLY, KOLLAM,
PIN - 691537
BY ADVS.
B.N.HASKAR
B.K.GOPALAKRISHNAN

¶44

RESPONDENT/COMPLAINANT:

¶45

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

¶46

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.04.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶47

B.A.Nos. 638, 952, 1147, 1148 & 1534 of 2024

¶48

¶49

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶50

PRESENT

¶51

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

¶52

BAIL APPL. NO. 1534 OF 2024

¶53

CRIME NO.86/2024 OF POOYAPALLY POLICE STATION, KOLLAM

¶54

PETITIONER/2ND ACCUSED:

¶55

BINU BABU @ BINEESH BABU,
AGED 24 YEARS
S/O. BABU. Y, KUROMVILA VEEDU, POOYAPPALLY P O,
KOLLAM DISTRICT, PIN - 691537
BY ADVS.
B.N.HASKAR
B.K.GOPALAKRISHNAN

¶56

RESPONDENT/STATE:

¶57

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

¶58

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.04.2024, ALONG WITH THE CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

¶59

B.A.Nos. 638, 952, 1147, 1148 & 1534 of 2024

¶60

¶61

COMMON ORDER

¶62

Dated this the 4^th day of April, 2023

¶63

Bail application Nos. 1147, 1534, 1148 and 952 of 2024 have been filed seeking pre-arrest bail, under Section 438 of the Code of Criminal Procedure, by accused Nos. 1 to 4 respectively in crime No. 86/2024 of Pooyapally Police Station, Kollam, where the prosecution alleges commission of offences punishable under Sections 143, 147, 148, 294(b), 452, 323, 324, 325, 354, 427, 308 read with 149 of IPC.

¶64

Bail application No.638 of 2024 is filed seeking prearrest bail in Crime No.87/2024 Pooyapally Police Station, Kollam, by the 1^st accused, where the prosecution alleges commission of offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 427, 307 read with 149 of IPC. The 1^st accused in this crime is the defacto complainant in Crime No.86/2024 of Pooyapally Police Station, Kollam.

¶65

Heard the respective counsel appearing for the petitioners as well as the learned Public Prosecutor. Perused the relevant documents.

¶66

The prosecution case in Crime No.86/2024 is that, at

¶67

¶68

B.A.Nos. 638, 952, 1147, 1148 & 1534 of 2024

¶69

about 15.00 hours on 21.01.2024, the accused herein wrongfully restrained, assaulted and brutally manhandled the defacto complainant and his family members near Panayam, with intention to commit culpable homicide not amounting to murder. Thereafter, counter case was registered as Crime No.87/2024, wherein the allegation of the prosecution is that the defacto complainant in Crime No.86/2024 along with some identifiable persons similarly attacked the accused in the said crime, with intention to commit murder, after wrongfully restraining and assaulting him. On this premise, the prosecution alleges commission of the above offences by the accused.

¶70

Respective counsel appearing for the petitioners argued at length to substantiate innocence of the petitioners. They offered co-operation in the matter of investigation. Accordingly, the learned counsels for the petitioners submitted that the petitioners are ready to concede the jurisdiction of the Investigating Officer for the purpose of investigation and they may be released on bail.

¶71

Whereas the learned Public Prosecutor opposed grant of bail to the petitioners and he has placed the records forming part of the case diary to substantiate attack and counter attack

¶72

B.A.Nos. 638, 952, 1147, 1148 & 1534 of 2024

¶73

¶74

in between the petitioners.

¶75

Thus, case and the counter are involved in the same occurrence. Prima facie, the prosecution case is made out in both the crimes, but the truth of the allegations is a matter of evidence during trial. At the same time, effective investigation shall be ensured securing the petitioners’ presence before the Investigating Officer. Therefore, I am inclined to enlarge the petitioners on bail, by imposing conditions, with direction to the petitioners to subject themselves for interrogation before the Investigating Officer and for recovery of weapon, if any, for two days between 10.00 am to 04.00 pm, for the purpose of investigation.

¶76

Therefore, these petitions stand allowed. The petitioners are enlarged on bail on conditions:

¶77

i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners for two days in between 10.00 am to 04.00 pm and recover the weapon/s, if any, during the deemed custody. In the event of their arrest, the Investigating Of fi cer shall produce the petitioners

¶78

B.A.Nos. 638, 952, 1147, 1148 & 1534 of 2024

¶79

¶80

before the Jurisdictional Court on the date of arrest itself.

¶81

ii. On such production, Jurisdictional Court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each for themselves and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court.

¶82

iii. The petitioners shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

¶83

iv. The petitioners, shall not, intimidate the witnesses or interfere with the investigation in any manner.

¶84

v. The petitioners shall not commit any offence during currency of this bail and any such involvement alone is a reason to cancel the bail hereby granted.

¶85

Sd/-

¶86

A. BADHARUDEEN JUDGE

¶87

Ron Mathai Cherian, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ron Mathai Cherian, 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

Gokul.C.S. Vs State of Kerala

Mohammed Ali Vs State of Kerala

Marykutty Vs State of Kerala

Deepu S. , Vs State of Kerala

Aswin Sreeram Vs State of Kerala

Bijo Mathew, Vs State of Kerala