Kerala High Court
Abin V J vs State Of Kerala on 30 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
BAIL APPL. NO. 3570 OF 2024
CRIME NO.1449/2023 OF Pampady Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED 26.02.2024 IN CRMP NO.548
OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM
PETITIONER/ACCUSED:
ABIN V J AGED 34 YEARS S/O P C JAYAN, RESIDING AT
VADAKKENADAYIL HOUSE, MADAPPADKOOROPADA VILLAGE,
KOTTAYAM TALUK, KOTTAYAM,, PIN - 686502
BY ADVS. C.S.MANILAL S.NIDHEESH
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
ADV BINDHU O V - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.NO.3570 OF 2024
2
P.G. AJITHKUMAR, J.
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B.A.No.3570 of 2024
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Dated this the 30th day of April, 2024
ORDER
This is an application for bail filed under Section
439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the sole accused in Crime No.1449
of 2023 of Pampady Police Station, Kottayam. He
allegedly had committed the offence punishable under
Section 302 of the IPC. The petitioner was arrested on
25.11.2023, and has been in judicial custody ever since.
3. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
4. The prosecution allegation is that on 20.11.2023
at around 10.30 p.m., the petitioner had an altercation
with his elder brother named Nibin (deceased), and
inflicted a deep stab injury on his left thigh and a cut
injury on his left hand. Due to the said injuries, the
deceased, while undergoing treatment at the Medical
College Hospital, Kottayam, succumbed to the injuries on
B.A.NO.3570 OF 2024
23.11.2023.
5. The petitioner has filed Crl.M.P.No.548 of 2024
before Sessions Court, Kottayam, seeking bail. The
petition was dismissed as per Annexure 5 Order, holding
that there was, prima facie, materials to prove the charge
against the petitioner. As per Annexure 4 Order, this
Court considered application of the petitioner seeking
bail, and it was dismissed. Subsequently the final report
was filed. Since the petitioner has been in jail since
25.11.2023, and there is no scope for taking up the
matter for trial immediately, I am of the view that bail
can be granted to the petitioner.
6. Learned Public Prosecutor would submit that
the witnesses being inmates of the same house and close
relatives, releasing the petitioner on bail will adversely
affect the success of the prosecution. I am of the view
that by imposing strict conditions such an apprehension
can be alleviated.
7. In the result, the bail application is allowed and
B.A.NO.3570 OF 2024
the petitioner is granted bail on his executing a bond for
Rs.,100,000/- (Rupees One Lakh only), with two solvent
sureties for the like amount each, to the satisfaction of
the learned Magistrate, subject to the following
conditions:
(i) He shall not influence or intimidate
witnesses or tamper with evidence;
(ii) He shall appear before the investigating
officer as and when called for;
(iii) During the bail period, He shall not get
involved in any offence; and
(iv) He shall not enter the local limits of
Pampady Police Station till the trial of the
case is over.
In case of breach of any of the bail conditions,
the prosecution shall be at liberty to apply for cancellation
of the bail before the jurisdictional court.
Sd/-
P.G. AJITHKUMAR
JUDGE
SSK/30/04
B.A.NO.3570 OF 2024
APPENDIX OF BAIL APPL. 3570/2024
PETITIONER ANNEXURES
Annexure 1 A COPY OF THE F.I.R DATED 23.11.2023
Annexure 2 A COPY OF THE AFFIDAVIT OF THE INVESTIGATING
OFFICER DATED 30.11.2023 REGARDING THE REQUIREMENT
OF THE POLICE CUSTODY OF THE PETITIONER
Annexure 3 A COPY OF THE ORDER DATED 13.12.2023 BEFORE THE
SECSSION COURT KOTTAYAM
Annexure 4 A COPY OF THE ORDER DATED 12.02.2024 IN B.A. NO
312/2024. OF THIS HONORABLE COURT
Annexure 5 A COPY OF THE ORDER DATED 26.02.2024 OF THE SESSION
COURT KOTTAYAM
Annexure 6 A COPY OF THE ORDER DATED 19.03.2024 IN B A NO
