Aneesh vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2021

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https://sooperkanoon.com/case/1657207

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Citation: sooperkanoon.com/1657207
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jul 30, 2021
Case Number: Bail Appl./5678/2021

Parties & Advocates

Appellant / Petitioner

Aneesh

Respondent

State of Kerala

Excerpt

.....by accused nos. 2 and 3 respectively in crime no. 606/2021 of oachira police station, kollam which was registered on 14.07.2021 alleging offence under section 294(b), 201, 307 read with 34 of the indian penal code.2. it is alleged that, that day accused persons, in furtherance of their common intention had assaulted and injured the defacto complainant with a knife and caused him injuries.3. heard the learned counsel on both sides. thepetitioners were arrested on 19.07.2021 and 23.07.2021 respectively. it is evident from the prosecution records that the overt act using a knife was committed by the first accused; the first accused was also arrested for the case and the weapon of offence, knife used by him has already been recovered; the petitioners do not have criminal antecedents and therefore, their further detention is not necessary for the present.4. in the result, the petitioners shall be released on bail 5678 of 2021 4 on the following conditions:-i) the petitioners shall execute bond for 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) they shall not try to contact or influence the witnesses or tamper with the evidence; iii) they shall not involve in any crime during the bail period; iv) they shall not leave the country without permission of the jurisdictional court; v) they shall appear before the investigating officer/jurisdictional court as and when required; vi) the petitioners shall strictly follow the variousguidelines issued by the state and central governmentswith respect to keeping of social distancing in the wake of covid 19 pandemic; vii) if any of the above conditions are violated by the petitioners, the jurisdictional court will be at liberty to cancel the bail in accordance with law. these bail applications are allowed as above. sd/- k.haripal judge dcs/30.07.2021

Full Judgment

BAIL APPL. NO. 5532 OF 2021 PETITIONER/ACCUSED NO. 2: HARIKRISHNAN AGED 26 YEARS S/O.ANILKUMAR, HARISREE HOUSE, KLAPPANA THEKKE MURIYIL, KLAPPANA VILLAGE,

BY ADV M.J.SANTHOSH REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 30.07.2021, ALONG WITH Bail Appl.NO.5678/2021, THE COURT ON THE 5678 OF 2021 2 BAIL APPL. NO. 5678 OF 2021 PETITIONER/THIRD ACCUSED: ANEESH AGED 36 YEARS S/O. SASIDHARAN, CHALITHARAYIL HOUSE CLAPPANA P.O. CLAPPANA VILLAGE, BY ADV. M.J.SANTHOSH REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM - 682 031 30.07.2021, ALONG WITH Bail Appl.NO.5532/2021, THE COURT ON THE 5678 OF 2021 3

ORDER

These are applications for regular bail moved by accused Nos. 2 and 3 respectively in Crime No. 606/2021 of Oachira Police Station, Kollam which was registered on 14.07.2021 alleging offence under Section 294(b), 201, 307 read with 34 of the Indian Penal Code.

2. It is alleged that, that day accused persons, in furtherance of their common intention had assaulted and injured the defacto complainant with a knife and caused him injuries.

3. Heard the learned counsel on both sides. The

petitioners were arrested on 19.07.2021 and 23.07.2021 respectively. It is evident from the prosecution records that the overt act using a knife was committed by the first accused; the first accused was also arrested for the case and the weapon of offence, knife used by him has already been recovered; the petitioners do not have criminal antecedents and therefore, their further detention is not necessary for the present.

4. In the result, the petitioners shall be released on bail 5678 OF 2021 4 on the following conditions:-

i) The petitioners shall execute bond for 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) They shall not try to contact or influence the witnesses or tamper with the evidence; iii) They shall not involve in any crime during the bail period; iv) They shall not leave the country without permission of the jurisdictional Court; v) They shall appear before the investigating officer/jurisdictional court as and when required; vi) The petitioners shall strictly follow the various

guidelines issued by the State and Central Governments

with respect to keeping of social distancing in the wake of Covid 19 pandemic; vii) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law. These bail applications are allowed as above. SD/- K.HARIPAL JUDGE DCS/30.07.2021

Same Court & Year Kerala · 2021 Same Parties Aneesh vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal