Shijo vs the State of Kerala

SHIJO vs The State of Kerala

Type Court Judgment Court Kerala Decided Mar 23, 2020

~3 min read

https://sooperkanoon.com/case/1751822

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1751822
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Mar 23, 2020
Case Number: Bail Appl./1620/2020

Parties & Advocates

Appellant / Petitioner

SHIJO

Respondent

The State of Kerala

Excerpt

.....counter of sbi situated at kuzhikattussery junction and attempted to commit theft. thereby the petitioner has committed the aforesaid offences.5. according to the learned counsel for the petitioner, the petitioner is absolutely innocent.6. the learned public prosecutor has opposed the application pointing out the criminal antecedents of the petitioner.7. heard both sides.8. of course, this petitioner has criminalantecedents. but he is not involved in any other theft case. considering the period of detention undergone by him in custody, the other facts involved, and the present stage of investigation, i am inclined to release him on bail. therefore, this application is allowed subject to the following conditions:(i) the petitioner shall be released on bail on hisexecuting a bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.(ii) the petitioner shall appear before the investigating officer for interrogation as and when required by him, in writing.(iii) the petitioner shall not leave the jurisdiction of aloor police station without the prior permission of the jurisdictional magistrate.(iv) the petitioner shall not directly orindirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.(v) the petitioner shall not commit any offence while on bail. in case of violation of any of the above conditions, the learned magistrate is empowered to cancel the bail in accordance with the law. sd/- shircy v. judge sb

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 Bail Appl..No.1620 OF 2020 AGAINST THE ORDER IN CRMP 2158/2020 DATED 17-02-2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA CRIME NO.631/2019 OF ALOOR POLICE STATION, Thrissur PETITIONER/SOLE ACCUSED: SHIJO AGED 25 YEARS S/O.JOSEPH, THEKKEYIL HOUSE, AASARIKKADU, AASARIKKADU P.O., PEECHI VILALGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.N.L.BITTO RESPONDENT/STATE OF KERALA: THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031. OTHER PRESENT: PP AJITH MURALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 23rd day of March 2020 Application for regular bail.

2. The petitioner is the accused in Crime No. 631 of 2019 of Aloor Police Station registered for the offences punishable under Sections 457, 461, 511 of 380 of the Indian Penal Code.

3. The petitioner has been in custody since 30.01.2020.

4. The prosecution allegation is that on

28.11.2019 the petitioner has broke open the door of the ATM counter of SBI situated at Kuzhikattussery junction and attempted to commit theft. Thereby the petitioner has committed the aforesaid offences.

5. According to the learned counsel for the petitioner, the petitioner is absolutely innocent.

6. The learned Public Prosecutor has opposed the application pointing out the criminal antecedents of the petitioner.

7. Heard both sides.

8. Of course, this petitioner has criminal

antecedents. But he is not involved in any other theft case. Considering the period of detention undergone by him in custody, the other facts involved, and the present stage of investigation, I am inclined to release him on bail. Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his

executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not leave the jurisdiction of Aloor Police Station without the prior permission of the jurisdictional Magistrate.

(iv) The petitioner shall not directly or

indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) The petitioner shall not commit any offence while on bail. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE sb

Same Court & Year Kerala · 2020 Same Parties SHIJO vs The State of Kerala Same Judge Honourable Mrs. Justice Shircy V.