Johnson vs State Of Kerala
2022 Latest Caselaw 4564 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                BAIL APPL. NO. 2761 OF 2022
  AGAINST THE ORDER/JUDGMENT IN CRMP 615/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS , ADOOR
         CRIME NO.250/2022 OF ENATHU POLICE STATION
PETITIONER/ACCUSED:

         JOHNSON
         AGED 49 YEARS
         JOHNSON,
         S/O K. J. THOMAS,
         KAROOR PUTHEN VEEDU,
         KOMMALLOOR P.O., MAVELIKKARA,
         ALAPPUZHA DISTRICT, PIN - 690505

         BY ADV AJITH MURALI



RESPONDENT/COMPLAINANT:

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

         SRI. NOUSHAD K.A. (SR.PP)



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 BA No.2761/2022

                                 -:2:-




                             O R D E R

Dated this the 19th day of April, 2022

This is an application filed u/s 439 of Code of Criminal

Procedure seeking regular bail.

2. The petitioner is the accused in Crime No.250/2022 of

Enathu Police Station. The offences alleged are under Sections

304 and 308 of IPC.

3. The prosecution case in short is that on 28/3/2022 at

3.30 p.m near Puthusserry while the de facto complainant's sister

and brother-in-law were parking their scooter on the western

side of the road, the petitioner came in a car at a tremendous

speed, hit against them causing death of the de facto

complainant's sister and injuries to his brother-in-law and

thereby committed the offence.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted that

the petitioner is absolutely innocent and he has been falsely BA No.2761/2022

implicated in the present case. He further submitted that there

are no materials to connect the petitioner with the alleged crime

and hence he is entitled to get bail. The learned Public Prosecutor

opposed the bail application. He contended that the alleged

incident occurred as a part of the intentional criminal acts of the

petitioner and if the petitioner is released on bail at this stage, it

would affect the course of the investigation.

6. Perusal of the case diary would reveal that prima facie

there are materials on record to connect the petitioner with the

crime. However, the petitioner was remanded to judicial custody

on 29/3/2022. In view of the nature of the crime and the stage

of the investigation, I do not find any reason to hold that the

continued detention of the petitioner is required for any purpose.

The investigation seems to have reached a fair stage. For all

these reasons, the petitioner is entitled to be released on bail on

conditions.

In the result, the application is allowed on the following

conditions:-

BA No.2761/2022

(i) The petitioner shall be released on bail on executing a

bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent

sureties for the like sum each to the satisfaction of the

jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the

investigation.

(iii) The petitioner shall appear before the investigating

officer between 10.00 a.m and 11.00 a.m on every Saturday until

further orders. The petitioner shall also appear before the

investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like

nature while on bail.

(v) The petitioner shall not make any attempt to contact

any of the prosecution witnesses, directly or through any other

person, or any other way try to tamper with the evidence or

influence any witnesses or other persons related to the

investigation.

BA No.2761/2022

(vi) The petitioner shall not leave the State of Kerala

without the permission of the trial Court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE Rp