Vipin @ Kannan vs State Of Kerala
2021 Latest Caselaw 19419 Ker

BAIL APPL. NO. 6993 OF 2021           1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                      BAIL APPL. NO. 6993 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 1249/2021 OF DISTRICT COURT &
                   SESSIONS COURT,THRISSUR, THRISSUR
   (CRIME NO.981 OF 2021 OF CHAVAKKAD POLICE STATION, THRISSUR
                                 DISTRICT)
PETITIONER/ACCUSED

            VIPIN @ KANNAN,
            AGED 38 YEARS
            S/O.VIJAYAMANI, POOKOTTIL HOUSE, AAVUMPADI,
            MUTHUVATTUR, GURUVAYUR VILLAGE, CHAVAKKAD TALUK, PIN-
            680 506.
            BY ADV M.S.UNNIKRISHNAN


RESPONDENTS/RESPONDENTS

    1       STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM, PIN-682 031.
    2       THE SUB INSPECTOR OF POLICE,
            CHAVAKKAD POLICE STATION, THRISSUR DISTRICT, PIN-680
            506.

OTHER PRESENT:

            SRI. MANU.P.G -SR.P.P



     THIS   BAIL   APPLICATION    HAVING     COME   UP   FOR   ADMISSION   ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6993 OF 2021            2




                                 ORDER

The petitioner has moved this application for regular bail who is

undergoing incarceration in connection with Crime No.981 of 2021 of

Chavakkad Police Station registered for the offences punishable under

Sections 447 and 436 of the Indian Penal Code.

2. He has been in custody since 31.07.2021.

3. The allegation is that on 30.7.2021 the petitioner trespassed

into the car porch attached to the residential house of the defacto

complainant and with the intention to destroy the motor cycle owned by

him set fire to the same and thereby committed the aforesaid offences.

4. Heard the learned counsel for the petitioner as well the learned

Public Prosecutor.

5. The learned counsel for the petitioner has submitted that he

has absolutely no connection with the alleged incident. There was a civil

dispute between the defacto complainant as well the petitioner

regarding a pathway and in order pressurize this petitioner to settle the

dispute, the defacto complainant has falsely implicated him in the case.

Hence, this application.

6. The learned Public Prosecutor has fairly submitted that the

investigation of the case is well in progress.

7. The petitioner has been in custody since 31.7.2021. Having

regard to the fact that the investigation of the case is practically over

and that the petitioner is not having any serious criminal antecedents, 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.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 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

learned Magistrate/Judge is empowered to cancel the bail in

accordance with the law.

Sd/-

SHIRCY V.

JUDGE smm