Joyal John vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 28, 2022

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Citation: sooperkanoon.com/1442185
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Feb 28, 2022
Case Number: Bail Appl./301/2022

Parties & Advocates

Appellant / Petitioner

Joyal John

Respondent

State of Kerala

Excerpt

.....district alleging commission of offences under sections 356, 452, 341, 326, 506, 324 read with 34 of the ipc.2. the allegation against the petitioner is that, the petitioneralong with the other accused had trespassed into the shop of the defacto complainant and has attacked him using a knuckle duster and also attempted to cause injuries to him using a knife owing to the fact that the defacto complainant had sold some low quality peanuts to the petitioner or some among them a few days prior to the incident.3. learned counsel for the petitioner submits that thepetitioner is absolutely innocent in the matter. it is submitted that there is substantial delay in giving of the fir. it is submitted that no other incident is stated to have occurred on 04.01.2022 and the compliant was given only on 06.01.2022. it is submitted that the petitioner had no occasion to attack the defacto complainant as alleged.4. learned public prosecutor vehemently opposes the grantof bail. it is submitted that the petitioner has criminal antecedents and as many as 6 cases are registered including cases under the kerala abkari act and the ndps act. it is submitted that such a person is not entitled to the discretionary relief of anticipatory bail. it is submitted that it is for the petitioner to surrender before the jurisdictional court and seek bail.5. having regard to the facts and circumstances of the case,i am not inclined to hold that the petitioner is entitled to anticipatory bail especially taking note of the fact that the petitioner is accused in 6 other cases including for offences under the kerala abkari act and the ndps act.6. in the result, this bail application is dismissed. however,it is directed that if the petitioner surrenders before the investigating officer in crime no.18/2022 on or before 08.03.2022, the petitioner shall, after such interrogation as may be necessary be produced before the jurisdictional magistrate on the same day. the jurisdictional magistrate shall.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 PETITIONER: JOYAL JOHN AGED 23 YEARS ARAKKAL HOUSE, DISPENSARY WARD, CHERAI P.O., ERNAKULAM DISTRICT ERNAKULAM, PIN - 683514 BY ADVS. M.VIVEK M.R.MADHU RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT. SEETHA. S. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioner is the accused in Crime No.18/2022 of Vadakkekara Police Station, Ernakulam district alleging commission of offences under Sections 356, 452, 341, 326, 506, 324 read with 34 of the IPC.

2. The allegation against the petitioner is that, the petitioner

along with the other accused had trespassed into the shop of the defacto complainant and has attacked him using a knuckle duster and also attempted to cause injuries to him using a knife owing to the fact that the defacto complainant had sold some low quality peanuts to the petitioner or some among them a few days prior to the incident.

3. Learned counsel for the petitioner submits that the

petitioner is absolutely innocent in the matter. It is submitted that there is substantial delay in giving of the FIR. It is submitted that no other incident is stated to have occurred on 04.01.2022 and the compliant was given only on 06.01.2022. It is submitted that the petitioner had no occasion to attack the defacto complainant as alleged.

4. Learned Public Prosecutor vehemently opposes the grant

of bail. It is submitted that the petitioner has criminal antecedents and as many as 6 cases are registered including cases under the Kerala Abkari Act and the NDPS Act. It is submitted that such a person is not entitled to the discretionary relief of anticipatory bail. It is submitted that it is for the petitioner to surrender before the jurisdictional court and seek bail.

5. Having regard to the facts and circumstances of the case,

I am not inclined to hold that the petitioner is entitled to anticipatory bail especially taking note of the fact that the petitioner is accused in 6 other cases including for offences under the Kerala Abkari Act and the NDPS Act.

6. In the result, this bail application is dismissed. However,

it is directed that if the petitioner surrenders before the investigating officer in Crime No.18/2022 on or before 08.03.2022, the petitioner shall, after such interrogation as may be necessary be produced before the jurisdictional magistrate on the same day. The jurisdictional magistrate shall endeavor to dispose of any bail application that may filed by the petitioner without undue delay. Sd/- GOPINATH P. JUDGE AJ

Same Court & Year Kerala Orders · 2022 Same Parties Joyal John vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.