Shaji vs State of Kerala

SHAJI vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 22, 2022

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Citation: sooperkanoon.com/1481063
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Jan 22, 2022
Case Number: Bail Appl./4772/2021

Parties & Advocates

Appellant / Petitioner

SHAJI

Respondent

State of Kerala

Excerpt

.....of the petitioners is not required for the purposes of any investigation.4. the learned public prosecutor submits that though initially onlynon-bailable offences were alleged to have been committed by the petitioners, on noticing that the de facto complainant had suffered a serious injury, which was discovered only after he was referred for treatment to the medical college b.a.no..4772/2021 3 hospital, the provisions of sections 326 and 506 (ii) of the indian penal code were incorporated as against the petitioners. it is submitted that, since there are serious injuries to the de facto complainant, the petitioners are not entitled to anticipatory bail, despite the fact that recovery has been effected and their interrogation was carried out once before.5. having regard to the facts and circumstances of the case andconsidering the fact that the petitioners have already been interrogated and recovery has already been effected, i am of the opinion that that the custody of the petitioners may not be required for the purposes of proper investigation into crime no. 53/2021 of vandiperiyar police station.6. in the result, this bail application is allowed. it is directed that thepetitioners shall be released on bail in the event of their arrest in connection with crime no.53/2021 of vandiperiyar police station, subject to the following conditions:-(i) the petitioners shall execute separate bonds for sums of rs.50,000/- (rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;(ii) the petitioners shall report before the investigating officer in crime no. 53/2021 of vandiperiyar police at 9 a.m. on 28.1.2022 and thereafter whenever called upon to do so;(iii) the petitioners shall not attempt to contact the de facto complainant or interfere with the investigation, influence or intimidate any witness in crime no. 53/2021 of vandiperiyar police station ; b.a.no..4772/2021 4(iv) the petitioners shall.....

Full Judgment

B.A.No..4772/2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. SATURDAY, THE 22ND DAY OF JANUARY 2022 / 2ND MAGHA, 1943 BAIL APPL. NO. 4772 OF 2021 CRIME NO.53/2021 OF Vandiperiyar Police Station, Idukki PETITIONERS/ACCUSED: 1 SHAJI AGED 42 YEARS S/O.MANI, MOOLAKATTIL HOUSE, RANIKOVIL, KUNNEL 2 MANU RAJU AGED 22 YEARS S/O.RAJU, PUTHEN VEEDU, RANIKOVIL, KUNNEL PUTHUVAL BHAGAM, PERUMADE, IDUKKI DISTRICT, PIN - 685 531. 3 SANEESH RAJAN S/O.RAJAN, RANIKOVIL, KUNNEL PUTHUVAL BHAGAM, PERUMADE, IDUKKI DISTRICT, PIN - 685 531. 4 AHIN S/O.BENNY, KOCHUKATTIL HOUSE, RANIKOVIL, KUNNEL BY ADV K.S.ARUNDAS RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY SMT. SEETHA.S. (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No..4772/2021 2

ORDER

This is an application for anticipatory bail.

2. The petitioners are the accused in Crime No.53/2021 of

Vandiperiyar Police Station, Idukki District, which was initially registered under Sections 143, 147, 148, 294(b), 323, 324, 326, 447, 506(ii) r/w. 149 of the Indian Penal Code. Later, the offences under Sections 143, 147, 148 and 149 were deleted and Section 326 and 506(ii) of the Indian Penal Code were added. The provisions of Sections 143, 147, 148 & 149 were deleted as the number of accused is now limited to the four accused in the present bail application.

3. The learned counsel for the petitioners submits that the

petitioners were initially accused only of bailable offences and accordingly they appeared and were interrogated and recovery was effected and thereafter, they were released on bail. It is submitted that the non-bailable offence namely that under Section 326 of the Indian Penal Code was subsequently incorporated. It is submitted that since interrogation is over and recovery has already been effected, the custody of the petitioners is not required for the purposes of any investigation.

4. The learned Public Prosecutor submits that though initially only

non-bailable offences were alleged to have been committed by the petitioners, on noticing that the de facto complainant had suffered a serious injury, which was discovered only after he was referred for treatment to the Medical College B.A.No..4772/2021 3 Hospital, the provisions of Sections 326 and 506 (ii) of the Indian Penal Code were incorporated as against the petitioners. It is submitted that, since there are serious injuries to the de facto complainant, the petitioners are not entitled to anticipatory bail, despite the fact that recovery has been effected and their interrogation was carried out once before.

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

considering the fact that the petitioners have already been interrogated and recovery has already been effected, I am of the opinion that that the custody of the petitioners may not be required for the purposes of proper investigation into Crime No. 53/2021 of Vandiperiyar Police Station.

6. In the result, this bail application is allowed. It is directed that the

petitioners shall be released on bail in the event of their arrest in connection with Crime No.53/2021 of Vandiperiyar Police Station, subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioners shall report before the Investigating officer in Crime No. 53/2021 of Vandiperiyar Police at 9 a.m. on 28.1.2022 and thereafter whenever called upon to do so;

(iii) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation, influence or intimidate any witness in Crime No. 53/2021 of Vandiperiyar Police Station ; B.A.No..4772/2021 4

(iv) The petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 53/2021 of Vandiperiyar Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE acd

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