Vincy Pincheiro vs State Of Kerala
2024 Latest Caselaw 30728 Ker

Kerala High Court

Vincy Pincheiro vs State Of Kerala on 30 October, 2024

                                                                      2024:KER:81143
B. A. No. 9130 of 2023
                                             1

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                  THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

     WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946

                               BAIL APPL. NO. 9130 OF 2023

         CRIME NO.792/2023 OF NARAKKAL POLICE STATION, ERNAKULAM

           AGAINST THE ORDER IN BAIL APPL. NO.7319 OF 2023 OF THE HIGH

                                     COURT OF KERALA

PETITIONERS:
     1     VINCY PINCHEIRO, AGED 70 YEARS,
           S/O MICHAL PINCHEIRO, KUMMAPPLLIL HOUSE,
           ELAMKUNNAPPUZHA , ERNAKULAM DISTRICT, PIN - 682503.
     2     CLINTON PINCHEIRO, AGED 30 YEARS,
           S/O PINCHEIRO, KUMMAPPLLIL HOUSE, ELAMKUNNAPPUZHA,
           ERNAKULAM DISTRICT, PIN - 682503.
           BY ADVS. M/S.M.T.SURESHKUMAR, MANJUSHA K,
           SREELAKSHMI SABU & RESWIN A. KHADIR


RESPONDENTS:
     1     STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH
           COURT OF KERALA, PIN - 682031.
 *ADDL. 2 JOSEPH JOLLY, AGED 67 YEARS,
           S/O. MICHAEL, KUMMAPPILLY HOUSE, NEAR HIGHER SECONDARY
           SCHOOL, ELAMKUNNAPPUZHA P.O., ERNAKULAM, PIN-682503.

                 * IMPLEADED AS ADDITIONAL RESPONDENT NO.2 AS PER ORDER
                 DTD 20.12.2023 IN CRL.M.A.NO.1/2023 IN B.A.NO.9130/2023

                 ADVS. M/S.SHERRY J. THOMAS, JOEMON ANTONY,
                 ANTONY NILTON REMELO FOR ADDL.R2
                 SMT. DEVI SHRI R, PP FOR R1


        THIS      BAIL      APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                     2024:KER:81143
B. A. No. 9130 of 2023
                                            2




                               MOHAMMED NIAS C. P. , J.
                               =========================
                                  B. A. No. 9130 of 2023
                               =========================
                         Dated this the 30th day of October, 2024


                                        ORDER

The learned counsel for the petitioners submits that the matter has

become infructuous.

Hence, the above bail application is dismissed as infructuous.

Sd/-

MOHAMMED NIAS C. P. , JUDGE

MMG 2024:KER:81143

APPENDIX OF BAIL APPL.NO.9130/2023

PETITIONERS' ANNEXURES:

ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO. 792 OF 2023 OF NJARAKKAL POLICE STATION DATED 16-8-2023

ANNEXURE A2 TRUE COPY OF THE FIR IN CRIME NO. 793 OF 2023 OF NJARAKKAL POLICE STATION DATED 16-8-2023

ANNEXURE A3 TRUE COPY OF THE JUDGMENT IN OS NO. 77 OF 2011 ON THE FILE OF THE COURT OF THE MUNISIFF, KOCHI, DATED 18/8/2015

ANNEXURE A4 TRUE COPY OF THE ORDER DATED 8/9/2023 IN B. A NO. 7319 OF 2023 OF THIS HONOURABLE COURT

ANNEXURE A5 TRUE COPY OF THE COMPLAINT PREFERRED TO THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL POLICE DISTRICT DATED 19/9/2023

ANNEXURE A6 TRUE COPY OF THE TWO NOTICES ISSUED UNDER SECTION 160 CR. PC AND UNDER SECTION 91 CR. PC DATED 19/9/2023 BY THE SUB- INSPECTOR OF POLICE, NJARACKAL POLICE STATION

ANNEXURE A7 TRUE COPY OF THE TWO NOTICES ISSUED UNDER SECTION 160 CR. PC AND UNDER SECTION 91 CR. PC DATED 19/9/2023 BY THE SUB- INSPECTOR OF POLICE, NJARACKAL POLICE STATION

ANNEXURE A8 TRUE COPY OF THE SEARCH LIST PREPARED BY THE INVESTIGATING OFFICER ON 4-10-2023 IN ANNEXURE A1 CRIME

RESPONDENTS' ANNEXURES:

ANNEXURE R2A THE TRUE COPY OF THE BAIL ORDER IN BAIL APPLICATION NO. 7357/2023, DATED 25-09-2023

ANNEXURE R2B . THE TRUE COPY OF THE ORDER IN BAIL APPLICATION NO. 7319/2023 DATED 8-9-2023 2024:KER:81143

ANNEXURE R2C THE TRUE COPY OF THE JUDGMENT IN W.P.(CRL) 968/2023 DATED 05-12-2023

ANNEXURE R2D THE TRUE COPY OF THE REPORT BY THE POLICE, FILED BY IN W P. (CRL) NO. 968/2023

ANNEXURE R2E THE TRUE COPY OF THE WOUND CERTIFICATE DATED 19-09-2023 OF THE IMPLEADING PETITIONER

ANNEXURE R2F THE TRUE COPY OF THE WOUND CERTIFICATE OF THE IMPLEADING PETITIONER'S WIFE DATED 5-9-2023

ANNEXURE R2G THE TRUE COPY OF THE WOUND CERTIFICATE OF THE IMPLEADING PETITIONER'S SON DATED 19-9-2023