Jerin vs the State of Kerala

JERIN vs The State of Kerala

Type Court Judgment Court Kerala Decided Mar 23, 2020

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https://sooperkanoon.com/case/1759966

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Citation: sooperkanoon.com/1759966
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Anil Kumar
Decided On: Mar 23, 2020
Case Number: Bail Appl./2124/2020

Parties & Advocates

Appellant / Petitioner

JERIN

Respondent

The State of Kerala

Excerpt

.....143, 147, 148, 341, 323, 324, 294(b), 506(ii), 326, 307 read with section 149 of the indian penal code.2. the prosecution case in brief is that on 24.12.2019at 7.00pm the accused nos.1 to 5 formed themselves into an unlawful assembly armed with deadly weapons for the purpose of fighting and in prosecution of their common object assaulted the defacto complainant and caused hurt and grievous hurt on him. it is also alleged that when the defacto complainant attempted to ward off the aforesaid acts, the 2nd accused hit him on his head with a helmet causing severe injuries and also attempted to murder him.3. heard the learned counsel for the petitioner as also the learned public prosecutor.4. the accused was arrested and produced before the learned judicial first class magistrate, irinjalakuda on 5.3.2020 bail appl..no.2124 of 2020 3and he has been in judicial custody since then. the 1 st and 2nd accused were granted bail by this court vide ba.nos. 225/2020 and 226/2020 respectively. having considered the entire aspects, the bail is granted to the petitioner on the following terms:-(i) the petitioner shall execute a bond for a sum of rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.(ii) the petitioner shall appear before the investigatingofficer on all saturdays between 9.00 a.m. and 10.00 a.m. for a period of two months from the date of release or till final report is filed, whichever is earlier.(iii) the petitioner shall not intimidate or attempt to influence the witnesses nor shall he tamper with the evidence.(iv) the petitioner shall not commit any offence while on bail.(v) the bail granted to the petitioner is liable to be cancelled if the petitioner indulges in any other offence.(vi) the petitioner shall not leave the country without the permission of the jurisdictional court. sd/- n.anil kumar judge ska

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.ANIL KUMAR MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 Bail Appl.No.2124 OF 2020 AGAINST THE ORDER IN CRLMP 2812/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA CRIME NO.911/2019 OF Pudukkad Police Station, Thrissur PETITIONER/3RD ACCUSED: JERIN AGED 24 YEARS S/O. VINCENT, MEDAYIL HOUSE, VENDORE MARIYA BAKERY DESOM, AMBALLORE VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.N.L.BITTO

RESPONDENT/STATE OF KERALA: THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM 682 031. OTHER PRESENT: P.P.RAMESH CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.2124 OF 2020 2

ORDER

Dated this the 23rd day of March 2020 The petitioner is the 3rd accused in Crime No.911 of 2019 of Pudukkad Police Station for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 294(b), 506(ii), 326, 307 read with Section 149 of the Indian Penal Code.

2. The Prosecution case in brief is that on 24.12.2019

at 7.00pm the accused Nos.1 to 5 formed themselves into an unlawful assembly armed with deadly weapons for the purpose of fighting and in prosecution of their common object assaulted the defacto complainant and caused hurt and grievous hurt on him. It is also alleged that when the defacto complainant attempted to ward off the aforesaid acts, the 2nd accused hit him on his head with a helmet causing severe injuries and also attempted to murder him.

3. Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

4. The accused was arrested and produced before the learned Judicial First Class Magistrate, Irinjalakuda on 5.3.2020 Bail Appl..No.2124 OF 2020 3

and he has been in judicial custody since then. The 1 st and 2nd accused were granted bail by this court vide BA.Nos. 225/2020 and 226/2020 respectively. Having considered the entire aspects, the bail is granted to the petitioner on the following terms:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) The petitioner shall appear before the Investigating

Officer on all Saturdays between 9.00 a.m. and 10.00 a.m. for a period of two months from the date of release or till final report is filed, whichever is earlier.

(iii) The petitioner shall not intimidate or attempt to influence the witnesses nor shall he tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

(v) The bail granted to the petitioner is liable to be cancelled if the petitioner indulges in any other offence.

(vi) The petitioner shall not leave the country without the permission of the jurisdictional court. Sd/- N.ANIL KUMAR JUDGE ska

Same Court & Year Kerala · 2020 Same Parties JERIN vs The State of Kerala Same Judge Honourable Mr.Justice N.Anil Kumar