Vijith @ Keeri Rajeev vs State Of Kerala
2023 Latest Caselaw 11267 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                 BAIL APPL. NO. 9212 OF 2023
AGAINST THE ORDER/JUDGMENT Bail Appl. 8500/2023 OF HIGH COURT
                          OF KERALA

     CRIME NO.598/2023 OF VATTIYOORKAVU POLICE STATION,
                     THIRUVANANTHAPURAM

PETITIONER/1ST ACCUSED:

         VIJITH @ KEERI RAJEEV
         AGED 30 YEARS, S/O. VIJAYAN,
         VIPIN BHAVAN, HOUSE NO.32, SREENAGAR,
         ERUKUNNAM, NETTAYAM WARD,
         PEROORKADA VILLAGE,
         THIRUVANANTHAPURAM DISTRICT., PIN - 695505

         BY ADV SHAJIN S.HAMEED


RESPONDENT/STATE:

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

         SRI.P.G.MANU(MAMMALASSERY), SR.PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.9212/2023

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                      MOHAMMED NIAS C.P., J.
                     ---------------------
                          B.A.No. 9212/2023
            ---------------------------
                   Dated this the 27th day of October, 2023

                               ORDER

This application is filed under Section 439 of the Code of Criminal

Procedure, seeking regular bail.

2. The petitioner is the 1st accused in Crime No. 598/2023 of

Vattiyoorkavu Police Station, Thiruvananthapuram District, for having

allegedly committed offences punishable under Sections 294(b), 451,

307, 427 r/w Section 34 of the Indian Penal Code.

3. The allegation in the FIR is that the accused persons, due to

enmity towards the de facto complainant and his friends, on 02/07/2023

at 22.15 hrs, with an intention to commit murder and destroy their

vehicle, reached Vettikonam, Chumaduthangimukku, in two motorbikes

and a car. It is alleged that the 1st accused, using a chopper, inflicted cut

injuries on the friends of the defacto complainant. The other accused

persons kicked and fisted them. It is further alleged that the accused

persons damaged the auto rickshaw of the de facto complainant bearing

registration numbers KL-01-BW-2898 & KL-01-CD7019. They also B.A.No.9212/2023

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broke open the lock of the shop of the de facto complainant and destroyed

the articles and thereby committed mischief to an amount of Rs.20 000/-

and thereby committed the offence.

4. The learned counsel appearing for the petitioner and the

learned Public Prosecutor were heard.

5. Learned counsel for the petitioner submits that the final

report was filed only on the 94th day of the remand of the petitioner.

Though the petitioner was produced on the 93 rd day, and it was the duty

on the part of the Court below to have apprised the accused of his

indefeasible right to default bail as no charge sheet was filed by then, that

was not done, and the inviolable right of the petitioner was deprived to

him. I find substantial force in this contention on behalf of the petitioner.

6. Taking note of the above fact and that the petitioner has been

in custody since 03/07/2023, and also since there is no apprehension

raised by the prosecution that if released on bail, the petitioner is likely to

abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is

granted bail subject to the following conditions:-

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

Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each B.A.No.9212/2023

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for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as

and when directed.

(iii) The petitioner shall not tamper or attempt to tamper with the

evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while

on bail or leave India without the prior permission of the Court

concerned.

(v) The petitioner shall surrender his passport, if any, within seven

days from the date of his release before the Court concerned, and if the

release of the passport is required at the later period, the petitioner shall

be at liberty to move an appropriate application for the same before the

court having jurisdiction. If he has no passport, he shall file an affidavit to

that effect before the court concerned on the date of execution of the bond

or within three days thereafter.

If any of the conditions are violated, the court concerned shall be

empowered to take steps for cancellation of bail as per law.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

APA B.A.No.9212/2023

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APPENDIX OF BAIL APPL. 9212/2023

PETITIONER ANNEXURES

Annexure-A PHOTOCOPY OF THE FIR IN CRIME NO. 598/2023 OF VATTIYOORKAVU POLICE STATION.

Annexure-B PHOTOCOPY OF THE ORDER DATED 11/07/2023 IN C.M.P.NO.7252/2023 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-II, NEDUMANGAD.

Annexure-C          PHOTOCOPY OF THE ORDER DATED 25/07/2023 IN
                    CRL.M.C.NO.1985/2023   OF    THE   SESSIONS
                    COURT, THIRUVANANTHAPURAM.
Annexure-D          PHOTOCOPY OF THE ORDER DATED 11/08/2023 IN
                    CRL.MC.NO.2075/2023   OF   THE   COURT   OF
                    SESSION, THIRUVANANTHAPURAM.
Annexure-E          PHOTOCOPY OF THE ORDER DATED 11/09/2023 IN

B.A.NO.7243/2023 OF THIS HONOURABLE COURT. Annexure-F PHOTOCOPY OF THE ORDER DATED 06/10/2023 IN B.A.NO.8500/2023 OF THIS HONOURABLE COURT. Annexure-G PHOTOCOPY OF THE ORDER DATED 12/10/2023 IN C.M.P.NO.9255/2023 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-II, NEDUMANGAD.