Jibin T Thankachan vs State Of Kerala

Kerala High Court

Jibin T Thankachan vs State Of Kerala on 10 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE JOHNSON JOHN
      FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                      BAIL APPL. NO. 3305 OF 2024
    CRIME NO.258/2024 OF RAMAMANGALM POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.320 OF 2024 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, KOLENCHERRY
PETITIONER/ACCUSED:

            JIBIN T THANKACHAN,
            AGED 37 YEARS
            S/O. THANKACHAN, THANIYIL VEETTIL,
            VETTITHARA BHAGAM, EZHACKARANADU KARA,
            MANEED VILLAGE,RAMAMANGALAM,
             ERNAKULAM DISTRICT, PIN - 686663

            BY ADV JERRY MATHEW


RESPONDENT/STATE & COMPLAINANT:

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


            SRI. SANAL P RAJ - PP

     THIS   BAIL   APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3305 OF 2024
                              2



                         ORDER

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

2. The petitioner is the sole accused in Crime No. 258 of 2024 of Ramamangalam Police Station, registered alleging offences punishable under Sections 451, 427, 294(b) and 308 of Indian Penal Code, 1860.

3. The prosecution case is that the petitioner/ accused headbutted to the mirror in the barber shop of the de facto complainant, and when the de facto complainant questioned the accused, the accused trespassed into the barber shop on 05.04.2024 at 2.00 p.m. and caused damage to the barber shop by breaking the mirrors and other articles, and hurled abuses against the de facto complainant, and also pelted a stone at the de facto complainant, and only because the de facto complainant evaded the attack, he escaped from death.

4. The petitioner is in custody from 06.04.2024.

5. Heard the learned counsel for the petitioner and BAIL APPL. NO. 3305 OF 2024 3 the learned Public Prosecutor.

6. The learned counsel for the petitioner pointed out that the petitioner is totally innocent and that he is falsely implicated in this case. It is submitted that the de facto complainant has not sustained any injuries in the alleged incident.

7. The learned Public Prosecutor has no serious objection in granting bail to the petitioner, subject to stringent conditions.

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

i. The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court; ii. The petitioner shall appear before the Investigating Officer in Crime No. 258 of 2024 of Ramamangalam Police Station on every second Saturdays at 11.00 a.m. once in a month.

BAIL APPL. NO. 3305 OF 2024 4 iii. The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime; iv. The petitioner shall not involve in any other crime while on bail.

If any of the above conditions are violated, the Investigating Officer in Crime No. 258 of 2024 of Ramamangalam Police Station, can file application before the jurisdictional court, for cancellation of bail.

Sd/-

JOHNSON JOHN JUDGE LU BAIL APPL. NO. 3305 OF 2024 5 APPENDIX OF BAIL APPL. 3305/2024 PETITIONER ANNEXURES :

ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NUMBER 258/2024 DATED 05.04.2024 OF RAMAMANGALAM POLICE STATION ANNEXURE 2 TRUE COPY OF THE ORDER DATED 09.04.2024 IN CMP NO.320/2024 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT,KOLENCHERY // True Copy // PA To Judge