Kerala High Court
Praveen @ Johnson vs State Of Kerala on 2 November, 2021
BAIL APPL. NO. 8216 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
BAIL APPL. NO. 8216 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 2137/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY, KOTTAYAM
(CRIME NO.1535 OF 2021 OF THRIKKODITHANAM POLICE STATION,
KOTTAYAM)
PETITIONER
PRAVEEN @ JOHNSON,
AGED 30 YEARS
S/O. PRASAD, KADUPPIL HOUSE, GARAKULAM BHAGOM,
KURUMBANADOM, MADAPPALLY VILLAGE, CHANGANACHERRY
TALUK, KOTTAYAM DISTRICT-686 105
BY ADV K.SHAJ
RESPONDENTS/STATE
1 STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 31.
2 STATION HOUSE OFFICER,
THRIKKODITHANAM POLICE STATION, KOTTAYAM DISTRICT,
PIN 686 105.
OTHER PRESENT:
SR GP SMT SREEJA V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8216 OF 2021 2
ORDER
Application for regular bail filed under Section 439 of the
Code of Criminal Procedure.
2. The petitioner is the first accused in Crime No.1535 of 2021
of Thrikkodithanam Police Station registered for the offences
punishable under Sections 323, 341, 326 read with Section 34 of
the Indian Penal Code.
3. He has been in custody since 14.10.2021.
4. The prosecution allegation is that on 11.10.2021 at about
11.30 p.m while the defacto complainant was driving his car through
the public road, this petitioner along with the other accused
intercepted the vehicle and asked him to purchase petrol for them.
Since he refused the same, he was attacked by this petitioner and
the other accused and caused fatal injuries including nasal bone
fracture and thereby committed the aforesaid offences.
5. Heard the learned counsel for the petitioner as well the
learned Public Prosecutor.
6. The learned Public Prosecutor has no case that this
petitioner is having any criminal antecedents.
7. Now the investigation of the case is over and charge sheet
has been submitted before the jurisdictional court on 28.10.2021
8. As the investigation is over, further detention of this
petitioner appears to be quite unnecessary for the investigating
agency. Therefore, I am inclined to release him on bail subject to
the following conditions.
(i) The petitioner shall be released on bail on his executing bond
for a sum of Rs.50,000/- (Rupees fifty thousand only) with two
solvent sureties for the like sum each to the satisfaction of the
court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer
for interrogation as and when required by him, in writing, till filing
of the final report.
(iii) The petitioner shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions,
the jurisdictional court is empowered to cancel the bail in
accordance with the law.
Sd/-
SHIRCY V.
smm JUDGE
