Kerala High Court
Jishnu @ Chikku vs State Of Kerala on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
BAIL APPL. NO. 2382 OF 2024
CRIME NO.1023/2023 OF Kallambalam Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.418 OF 2024 OF
HIGH COURT OF KERALA
PETITIONER/2ND ACCUSED:
JISHNU @ CHIKKU, AGED 26 YEARS S/O JAYAKUMAR J.J.
PALACE,VALIYAVILA, VADASSERIKONAM P.O
THIRUVANANTHAPURAM, PIN - 695143
BY ADVS. V.S.THOSHIN SATHEESH MOHANAN SREEJITH S. NAIR
MAHIMA
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
BY ADVS. PUBLIC PROSECUTOR ADDL.DIRECTOR GENERAL OF
PROSECUTION ADDL. STATE PUBLIC PROSECUTOR
SRI.C.K.SURESH, ADGP
SRI.AJITHKUMAR SASTHAMANGALAM -SR.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA 2382/24 2
MOHAMMED NIAS C.P., J
..............................................................................
Bail Application No.2382 of 2024
.............................................................................
Dated this the 3rd day of December, 2023
ORDER
This is the 2nd application for regular bail filed under Section
439 of the Code of Criminal Procedure, 1973, by the petitioner who is
the 2nd accused in crime No.1023/2023 of Kallambalam Police Station,
Thiruvananthapuram District, for offences punishable under Sections
447, 323, 324, 307 and 302 r/w Section 34 of IPC.
2. The prosecution case is that accused persons in furtherance
of their common intention to commit murder of Raju and to cause hurt
to his house members, on 28.6.2023 at 00.30 hours, accused Nos.1 to
4 criminally trespassed into the compound of the house of said Raju by
name Sreelekshmi House at Ottoor village and cause hurt to said Raju
and his daughter Sreelekshmi and his wife Jaya. Accused No.2 beat the
said Sreelekshmi with a stick and on seeing the same, Raju intervened
and then accused No.1 hit Raju with a spade on his head and body and
accused Nos.1 to 4 stamped him on his chest and his body. When the
father of the de facto complainant named Devadattan intervened,
accused No.1 beat him on his head and body with a spade and accused
Nos.1 to 4 cut him on his chest and stomach and attempted to kill him.
Accused No.1 hit the de facto complainant with a spade and accused
Nos.2 to 4 caused hurt to her. Raju succumbed to the injuries inflicted
on him in the incident. Thus, the accused Nos.1 to 4 committed the
offences punishable under the aforesaid sections.
3. I have heard the learned Senior Counsel Sri.
Sasthamangalam S. Ajithkumar for the petitioner and, Sri. C. K. Suresh,
the learned Public Prosecutor.
4. The earlier bail application was rejected by an order dated
13.10.2023 in B.A.No.6595 of 2023 and connected cases.
5. Learned Senior Counsel for the petitioner submits that the
Charge sheet has already been filed, and that accused Nos.3 and 4 had
already been enlarged on bail in B.A.No.9716 of 2023.
6. Learned Public Prosecutor submitted that the involvement of
the petitioner is clear serious offences are charged against the
petitioner. This is a premeditated attack due to enmity on account of
the alleged love affair and denial of a marriage proposal by the 2nd
accused with the daughter of the deceased. The manner in which the
alleged crime was committed also has to be taken into account and
urged for dismissal of the bail application. He brings to my notice a
complaint filed by the 1st informant against the sisters of the accused,
Accordingly, they were summoned and warned.
7. Taking note of the fact that the petitioner was arrested on
28.06.2023, that the charge sheet has already been filed, Accused
Nos.3 and 4 have already been enlarged on bail, I am inclined to grant
bail to the petitioner on strict conditions.
Accordingly, this bail application is allowed, and the
petitioner shall be released on bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing separate
bonds for Rs.2,00,000/- (Rupees Two lakh only) with two solvent
sureties each for the like sum to the satisfaction of the court having
jurisdiction; one of the sureties shall be a parent or close relative of
the petitioner.
(ii) The petitioner shall appear before the Investigating Officer on
alternate Saturdays between 9 a.m. and 11 a.m. for three months and
thereafter as directed by the Investigating Officer.
(iii) The petitioner shall not intimidate or attempt to influence the
witnesses, nor shall they tamper with the evidence or do anything that
might adversely affect the trial;
(iv) The petitioner shall not commit any offence while on bail;
(v) The petitioner shall not leave the State of Kerala without the prior
permission of the Court having jurisdiction;
(vi)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 a later period, the petitioner
shall be at liberty to move appropriate applications for the same
before the court having jurisdiction. If the petitioner 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.
(vii)The petitioner shall furnish his present address and mobile number
to the Court concerned and the investigating officer.
(viii)The petitioner shall not enter the territorial limits of
Thiruvananthapuram District till the completion of the trial, except for
appearing before the Investigating Officer, if he is so directed, or when
his presence is required in Court.
(ix)The petitioner shall fully cooperate with the trial and shall appear
on all the postings except when absence is permitted by the court
concerned.
In case of violation of any of the above conditions, the jurisdictional
Court shall be empowered to consider the application for cancellation
of bail and pass appropriate orders in accordance with law.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SSK/03/04
APPENDIX OF BAIL APPL. 2382/2024
PETITIONER ANNEXURES
TRUE COPY OF ORDER IN BAIL APPLN. NO. 6895/2023 OF
Annexure 1
THIS HON'BLE COURT
TRUE COPY OF ORDER DATED 14-02-2024 IN BAIL
Annexure 2
APPL.418/2024 THIS HON'BLE COURT
