Pradeen vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 29, 2020

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Citation: sooperkanoon.com/1831570
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Dec 29, 2020
Case Number: Bail Appl./8823/2020

Parties & Advocates

Appellant / Petitioner

Pradeen

Respondent

State of Kerala

Excerpt

.....arrested on 01.12.20202. heard the learned counsel on both sides. the learned public prosecutor stated that the charge sheet has already laid before court.3. having regard to the circumstances, even thoughthere are criminal antecedents against both the petitioners, i do not find that continued detention of the petitioners is called for especially when jails are crowded and since much more precautions have to be taken in the background of covid - 19 pandemic. therefore, the petitioners shall be released on bail on the following conditions:-i) the petitioners shall execute a bond for rs.50,000/- (rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the bail appl..no.8823 of 2020 3court below; ii) they shall not try to contact or influence the witnesses or tamper with evidence; iii) they shall not enter kilikolloor police station limits, until further orders; iv) petitioners shall not leave india without permission of the jurisdictional court; v) they shall appear before the committal/trial court as and when required; vi) the petitioners shall strictly abide by the variousguidelines issued by the state government and thecentral government 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 can cancel the bail in accordance with law, even though the bail is granted by this court. this bail application is allowed, as above.sd/- k.haripal judge dcs/29.12.2020

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942 Bail Appl.No.8823 OF 2020 CRIME NO.1796/2020 OF KILIKOLLOOR POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 & 2: 1 PRADEEN AGED 32 YEARS, S/O. PRABHAKARAN RESIDING AT CHIRAYIL THODIYIL, KOLLAM - 691004 2 JIJODAS AGED 35 YEARS S/O YESUDAS, RESIDING AT DAS BHAVAN, KOLLAM 691004 BY ADV. SRI.C.R.JAYAKUMAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2 THE STATION HOUSE OFFICER KILIKOLLOOR POLICE STATION, KOLLAM BY SRI. C N PRABHAKARAN, SR.PUBLLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.8823 OF 2020 2

ORDER

This is an application filed under Section 439 of the Code of Criminal Procedure for regular bail for the petitioners, who are the accused in Crime No. 1796/2020 registered under Sections 451, 427, 341, 323, 324, 294(b), 354, 354B and 308 read with 34 of the Indian Penal Code. Both the accused were arrested on 01.12.2020

2. Heard the learned counsel on both sides. The learned Public Prosecutor stated that the charge sheet has already laid before Court.

3. Having regard to the circumstances, even though

there are criminal antecedents against both the petitioners, I do not find that continued detention of the petitioners is called for especially when jails are crowded and since much more precautions have to be taken in the background of Covid - 19 pandemic. Therefore, the petitioners shall be released on bail on the following conditions:-

i) The petitioners shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the Bail Appl..No.8823 OF 2020 3

court below; ii) They shall not try to contact or influence the witnesses or tamper with evidence; iii) They shall not enter Kilikolloor Police Station limits, until further orders; iv) Petitioners shall not leave India without permission of the jurisdictional Court; v) They shall appear before the committal/trial court as and when required; vi) The petitioners shall strictly abide by the various

guidelines issued by the State Government and the

Central Government 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 can cancel the bail in accordance with law, even though the bail is granted by this Court. This bail application is allowed, as above.

Sd/- K.HARIPAL JUDGE DCS/29.12.2020

Same Court & Year Kerala · 2020 Same Parties Pradeen vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal