Biju vs State Of Kerala
2021 Latest Caselaw 19421 Ker

BAIL APPL. NO. 6472 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. 6472 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 1118/2021 OF DISTRICT COURT &
                   SESSIONS COURT,THRISSUR, THRISSUR
   (CRIME NO.319/2021 OF KATTOOR POLICE STATION, THRISSUR DIST)
PETITIONER/ACCUSED NO.4

            BIJU
            AGED 39 YEARS
            S/O.SUGREEVAN @ SUKUMARAN, POOTHOD HOUSE, CHELOOR PALLI
            DESOM, EDATHIRINJI VILLAGE, THRISSUR DISTRICT.
            BY ADV VISHNUPRASAD NAIR


RESPONDENT/STATE:

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

OTHER PRESENT:

            SMT SREEJA.V- 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. 6472 OF 2021           2




                                 ORDER

The petitioner who is the fourth accused in Crime No.319 of 2021 of

Kattoor Police Station, Thrissur District registered for the offences

punishable under Sections 143, 147, 148 and 302 read with Section 149

of the Indian Penal Code and Section 27 of the Arms Act, has moved

this application for his release on bail as he is undergoing incarceration

in connection with this crime since 19.6.2021.

2. The case of the prosecution in brief is as follows:

The deceased was the owner of a residential building. The

deceased agreed to sell the property owned by him to the second

accused for a sale consideration of Rs.18 lakhs. The second accused

paid an amount of Rs.8 lakhs to the defacto complainant. But when the

balance amount of Rs.10 lakhs was demanded by the defacto

complainant he was invited to the residence of the first accused by the

second accused. When he reached there, this petitioner along with the

other accused sharing the common intention to murder him caught hold

of him and the first accused had stabbed him several times with a knife

causing grievous injuries. Though he was rushed to the hospital he

succumbed to the injuries. Thereby this petitioner and the other

accused have committed the aforesaid offences.

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

Public Prosecutor.

4. The learned counsel for the petitioner has raised a plea of false

implication and further submitted that he is totally innocent of the

allegations levelled against him and and he is not involved in the alleged

transaction between the second accused and the deceased. But he is

undergoing incarceration since the date of his arrest.

5. The learned Public Prosecutor has fairly submitted that though

the other accused persons are having criminal antecedents this

petitioner is not involved in any other offences. Now the investigation of

the case is over and charge sheet has been submitted before the

jurisdictional court on 8.9.2021.

6. The records produced by this petitioner would show that accused

Nos.1,2 and 3 are involved in several other crimes. But as admitted by

the learned Public Prosecutor this petitioner is not having any criminal

background. Moreover the investigation of the case is over and charge

sheet has been submitted before the jurisdictional court by the

investigating agency. That be so, further detention of this petitioner is

absolutely unnecessary for the prosecution to proceed with the trial of

the case. Moreover materials are not available on record to show that

the presence of this petitioner in custody is required for the trial of the

case. 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.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 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