Vijeesh vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 27, 2021

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Citation: sooperkanoon.com/1632302
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Apr 27, 2021
Case Number: Bail Appl./3252/2021

Parties & Advocates

Appellant / Petitioner

Vijeesh

Respondent

State of Kerala

Excerpt

.....station. the offences alleged are under sections 143, 365, 342, 506(2) and 120 b of ipc.3. the prosecution case in short is that, on28.03.2021 at about 7.40 a.m., the petitioners pursuant to a criminal conspiracy kidnapped the brother of the defacto complainant in an innova car bearing reg.no.kl-7-1229 using force and thereby committed the offence.4. heard both sides and perused the case diary.5. the learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present case. he furthersubmitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. the learned public prosecutor opposed the bail application. he contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.6. initially the crime was registered only undersection 363 of ipc. later during investigation other offences mentioned above were also incorporated. the petitioners in b.a.no.3180/2021 were arrested on 09.04.2021 and petitioners in b.a.no.3252/2021 were arrested on 13.04.2021. in view of the nature of the crime and the stage of investigation, i do not find any reason to hold that the continued detention of the petitioners is required for any purpose. the investigation seems to have reached a fair stage. for all these reasons, the petitioners are entitled to be released on bail on conditions.in the result, these applications are allowed on the following conditions:-(i) the petitioners shall be released onbail on executing a bond for `1,00,000/- (rupees one lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional magistrate/court.(ii) the petitioners shall fully co-operate with the investigation.(iii) the petitioners shall appear before theinvestigating officer.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943 Bail Appl..No.3252 OF 2021 CRIME NO.44/2021 OF MANKADA POLICE STATION, Malappuram PETITIONERS/ACCUSED: 1 VIJEESH AGED 26 YEARS PLAVIL HOUSE, AMBALAVAYAL P.O., WAYANAD, PIN - 673593 2 PRAVEEN P.P AGED 31 YEARS PULLORKUDIYIL, ARIYAMPADI P.O., POOTHADI, KARANI, WAYANAD. PIN-673591 BY ADVS. SRI.S.R.SREEJITH SRI.P.K.ANIL RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY ADV. SRI.M.R.DHANIL, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.04.2021, ALONG WITH B.A.NO.3180 OF 2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943 Bail Appl..No.3180 OF 2021 CRIME NO.44/2021 OF MANKADA POLICE STATION , Malappuram PETITIONER/ACCUSED: 1 NISAR AGED 30 YEARS, KOTTEKKUTH KIZHAKKETHIL, NELLIKUTH, MALAPPURAM. PIN-676122 2 SHARAFUDEEN AGED 31 YEARS NAYAKKATH, KOOTTIL, MANKADA 3 ABDUL IRSHAD AGED 30 YEARS, CHELATHADATHIL, ANAKKAYAM, CHITTATHUPARA, 4 ABDUL SATHAR AGED 27 YEARS MANGARATHODI, NELLIKUTH 5 SAHAL, AGED 26 YEARS PARATHODI, NELLIKUTH BY ADV. SRI.S.R.SREEJITH RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA PIN-682031 BY ADV. SRI.M.R.DHANIL, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.04.2021, ALONG WITH B.A.NO.3252 OF 2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

COMMON ORDER

Dated this the 27th day of April 2021 [B.A.No. 3180/2021, B.A.No.3252/2021] These applications are filed u/s 439 of Code of Criminal Procedure seeking regular bail.

2. The petitioners in B.A.No.3180/2021 are the

accused Nos. 1 to 5 and petitioners in B.A.No.3252/2021 are accused Nos. 6 and 7 in Crime No.44/2021 of Mankada Police Station. The offences alleged are under Sections 143, 365, 342, 506(2) and 120 B of IPC.

3. The prosecution case in short is that, on

28.03.2021 at about 7.40 a.m., the petitioners pursuant to a criminal conspiracy kidnapped the brother of the defacto complainant in an Innova Car bearing Reg.No.KL-7-1229 using force and thereby committed the offence.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present case. He further

submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.

6. Initially the crime was registered only under

Section 363 of IPC. Later during investigation other offences mentioned above were also incorporated. The petitioners in B.A.No.3180/2021 were arrested on 09.04.2021 and petitioners in B.A.No.3252/2021 were arrested on 13.04.2021. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioners is required for any purpose. The investigation seems to have reached a fair stage. For all these reasons, the petitioners are entitled to be released on bail on conditions.

In the result, these applications are allowed on the following conditions:-

(i) The petitioners shall be released on

bail on executing a bond for `1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The petitioners shall appear before the

investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioners shall also appear before the investigating officer as and when required by him.

(iv) The petitioners shall not commit any offence of like nature while on bail.

(v) The petitioners shall not make any

attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court. Sd/- DR. KAUSER EDAPPAGATH JUDGE VPK

Same Court & Year Kerala · 2021 Same Parties Vijeesh vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath