Shyju @ Pallan Shyju vs The Station House Officer
2021 Latest Caselaw 22442 Ker

Citation : 2021 Latest Caselaw 22442 Ker
Judgement Date : 9 November, 2021

Kerala High Court

Shyju @ Pallan Shyju vs The Station House Officer on 9 November, 2021

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                     BAIL APPL. NO. 8357 OF 2021
 CRIME NO.512/2021 OF KODAKARA POLICE STATION, THRISSUR DISTRICT
AGAINST THE ORDER/JUDGMENT IN CRMC 1664/2021 OF COURT OF SESSIONS
                                 THRISSUR
PETITIONER/1ST ACCUSED:

            SHYJU @ PALLAN SHYJU
            AGED 43 YEARS
            S/O.VARGHESE, MACHINGAL HOUSE, PANTHALLOOR DESOM,
            NELLAYI VILLAGE, THRISSUR DISTRICT - 680 305.

            BY ADVS.
            P.VIJAYA BHANU (SR.)
            P.M.RAFIQ
            SRUTHY N. BHAT
            M.REVIKRISHNAN
            AJEESH K.SASI
            MITHA SUDHINDRAN
            POOJA PANKAJ
            RAHUL SUNIL
            CIBI THOMAS


RESPONDENTS/COMPLAINANT AND STATE:

    1       THE STATION HOUSE OFFICER
            KODAKARA POLICE STATION, THRISSUR DISTRICT -680 684.

    2       THE STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM - 682 031.

            NOUSHAD.K.A- SR.PP


     THIS   BAIL   APPLICATION   HAVING     COME   UP   FOR   ADMISSION   ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8357 OF 2021

                                       2

                                  ORDER

Application for regular bail.

2. The petitioner who is the 1st accused in Crime

No.512/2021 of Kodakara Police Station, Thrissur District

registered for the offences punishable under Sections 143, 147,

148, 341, 323, 324, 294(b), 506(ii), 427 and 308 r/w Section 149

of the Indian Penal Code, has preferred this application for his

release on bail.

3. The petitioner has been in custody since 08.10.2021.

4. The prosecution allegation is that on 08.10.2021, the

petitioner along with his friends have reached at Nellai Junction as

invited by the defacto complainant for a settlement talk. But the

defacto complainant and his friends were attacked by this petitioner

and the other accused and caused fatal injuries. They have also

vandalized their vehicle and thereby committed the aforesaid

offences.

5. The learned senior counsel appearing for the petitioner

has submitted that, though there is an allegation that the defacto

complainant and his friends have sustained injuries, there is

absolutely no document to show that any of them have sustained

any injuries from this petitioner and the other accused. But he is BAIL APPL. NO. 8357 OF 2021

undergoing incarceration since the date of his arrest and hence this

application.

6. This application is opposed by the learned Public

Prosecutor mainly on the allegation that he is having criminal

antecedents as he is involved in 16 criminal cases.

7. Annexure-IV is the wound certificate of this petitioner,

who had undergone treatment in Santhi Hospital, Kodakara on the

very same day of the incident i.e. on 08.10.2021. This wound

certificate would reveal that he has sustained grievous injuries in

the attack by the defacto complainant and his friends. Since there

is no wound certificate available in this case to show that the

defacto complainant and his friends have sustained injuries in the

attack by this petitioner as well the other accused persons, I think

that further detention may not be required in this case. As

submitted by the learned Public Prosecutor the investigation in both

the cases (Crime No.513/2021) are going on smoothly, I think that

his further detention may not be required for the investigating

agency to proceed with the investigation. Moreover it is submitted

by the learned senior counsel for the petitioner that, though 16

cases have been registered against this petitioner, in 14 cases, he

had already been acquitted, as per the information given by the BAIL APPL. NO. 8357 OF 2021

wife of the petitioner. Therefore, I am inclined to release this

petitioner also on bail subject to the following conditions:

(i) The petitioner shall be released on bail on his

executing a bond for a sum of Rs.1,00,000/- (Rupees

One Lakh only) with two solvent sureties for the like

sum each to the satisfaction of the court having

jurisdiction.

(ii) The petitioner shall appear before Investigating

Officer for interrogation as and when required by him,

in writing.

(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.