Sijo M J vs State Of Kerala
2023 Latest Caselaw 9987 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                     BAIL APPL. NO. 7819 OF 2023
   (CRIME NO.844 OF 2023 OF ALOOR POLICE STATION, THRISSUR)
PETITIONER

             SIJO M J
             AGED 37 YEARS
             SON OF JOSE, MOODA HOUSE, KUZHIKATTUSSERY P O,
             THAZEKKAD, THRISSUR, PIN - 680697
             BY ADVS.
             JITHIN BABU A
             CLETUS THOTTAPILLY
             ARUN SAMUEL

RESPONDENT

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA, PIN - 682031
OTHER PRESENT:

             SMT.T.V.NEEMA,SR.PP


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 7819 of 2023
                                   2



                     MOHAMMED NIAS C.P, J.
                 ---------------------------------------------
                    B.A. No. 7819 of 2023
          ------------------------------------------------------
         Dated this the 18th day of September , 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.844 of

2023 of Aloor police station for having committed offences

punishable under Section 341, 323, 324, 294(b), 308 r/w 34 of

IPC.

3. The allegation against the petitioner is that on

29.08.2023 at about 4.00 p.m., the petitioner, along with the

other accused, voluntarily caused hurt to the defacto

complainant by trying to hit on the body of the defacto

complainant and thus attempted to commit culpable homicide

and thereby committed the offences mentioned above.

3. The learned public prosecutor opposed the petition and

points out that there are two cases against the petitioner.

4. The learned counsel appearing for the petitioner would B.A. No. 7819 of 2023

say that the petitioner is totally innocent and falsely implicated

with ulterior motives. At any rate, he points out that the petitioner

is in custody from 01.09.2023, and continued custody of the

petitioner is unnecessary. It is also submitted that the cases

against the petitioner, as pointed out by the learned Public

Prosecutor, are quashed by this Court by judgment dated

08.03.2023 in Crl. M.C No.43 of 2023 and Crl. M.C.No.6612 of

2022 dated 26.10.2022.

5. After having considered the submissions of the learned

counsel for the petitioner and the learned Public Prosecutor and

considering the nature of the injuries/ offences alleged against

the petitioner and the fact that the petitioner has been in custody

from 01.09.2023, I hold that bail can be granted to the petitioner

since at present there are no cases pending against the

petitioner and no the chance of him absconding if released on

bail is unlikely.

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 for the like sum to the satisfaction of the jurisdictional court; B.A. No. 7819 of 2023

(ii) The petitioner shall report before the Investigating Officer as and when required to do so.

(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.

(v) 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

smm                                                 JUDGE
 B.A. No. 7819 of 2023




            APPENDIX OF BAIL APPL. 7819/2023
PETITIONER ANNEXURES
Annexure A1       A TRUE COPY OF THE FIR IN CRIME NO.
                  844/2023 OF ALOOR POLICE STATION,
                  THRISSUR DISTRICT.