Sheriff vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1690913
CourtKerala High Court
Decided OnNov-08-2021
Case NumberBail Appl./8138/2021
JudgeHonourable Mrs. Justice Shircy V.
AppellantSheriff
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice shircy v. monday, the 8th day of november 2021 / 17th karthika, 1943 crime no.319/2021 of kattoor police station, thrissur petitioner/accused no.3: sheriff aged 38 years s/o.khader, kuxzhikandathil house, madathikkara, pullur desom, pullur village, thrissur district. by adv vishnuprasad nair respondent/state: state of kerala represented by the public prosecutor, high court of kerala, ernakulam - 682 031. by advs. director general of prosecution sri.p.narayanan, spl.government pleader sri.sajju.s-sr.pp this bail application having come up for admission on 08.11.2021, the court on the same day delivered the following:orderapplication for regular bail.2. the petitioner who is the 3rd accused in crimeno.319/2021 of kattoor police station, thrissur district registered for the offences punishable under sections 143, 147, 148 and 302 r/w section 149 of the indian penal code and section 27 of the arms act, has moved this application for his release on bail.3. the case of the prosecution in brief is as follows: the deceased was the owner of a residential building. the deceased agreed to sell the property owned by him to the 2 ndaccused for a sale consideration of rs.18 lakhs. the 2 nd accused paid an amount of rs.8 lakhs to the defacto complainant. but when the balance amount of rs.10 lakhs was demanded by the defacto complainant he was invited to the residence of the 1 st accused by the 2nd accused. when he reached there, this petitioner along with the other accused sharing the common intention to murder himcaught hold of him and the 1st accused had stabbed him several times with a knife causing grievous injuries. though he was rushed to the hospital, he succumbed to the injuries. thereby this petitioner and the other accused have committed the aforesaid offences.4. the learned counsel for the petitioner has submittedthat, though he is having criminal antecedents, in all the cases registered against him he was acquitted and now there is no pending case against him. he is also having no role in committing the alleged offence. now as the investigation of the case is over and charge sheet has been submitted, he is entitled to be released on bail, as 4th accused who is also involved in the same crime have already been released on bail by this court, treating him with parity.5. the learned public prosecutor has submitted that 4 thaccused was granted bail just considering the fact that he is having no criminal antecedents and so granting of bail to the 4 th accused, is not at all a ground to release this petitioner also on bail.6. but it is pertinent to note that the investigation of thecase is over and charge sheet has been submitted before the jurisdictional magistrate and now it is pending as cp no.62/2021. moreover, materials are not on record to infer that custodial trial is required in the case and therefore this petitioner can also be released on bail subject to the following conditions:(i) the petitioner shall be released on bail on hisexecuting a bond for a sum of rs.2,00,000/- (rupees two lakhs only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.(ii) the petitioner shall not directly or indirectly, makeany 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.(iii) the petitioner shall not commit any offence whileon bail. in case of violation of any of the above conditions, the learned magistrate/judge is empowered to cancel the bail in accordance with the law. sd/- shircy v. judge mpm
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 8TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943 CRIME NO.319/2021 OF KATTOOR POLICE STATION, THRISSUR PETITIONER/ACCUSED NO.3: SHERIFF AGED 38 YEARS S/O.KHADER, KUXZHIKANDATHIL HOUSE, MADATHIKKARA, PULLUR DESOM, PULLUR VILLAGE, THRISSUR DISTRICT. BY ADV VISHNUPRASAD NAIR RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY ADVS. DIRECTOR GENERAL OF PROSECUTION SRI.P.NARAYANAN, SPL.GOVERNMENT PLEADER SRI.SAJJU.S-SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Application for regular bail.

2. The petitioner who is the 3rd accused in Crime

No.319/2021 of Kattoor Police Station, Thrissur District registered for the offences punishable under Sections 143, 147, 148 and 302 r/w Section 149 of the Indian Penal Code and Section 27 of the Arms Act, has moved this application for his release on bail.

3. The case of the prosecution in brief is as follows: The deceased was the owner of a residential building. The deceased agreed to sell the property owned by him to the 2 nd

accused for a sale consideration of Rs.18 lakhs. The 2 nd accused paid an amount of Rs.8 lakhs to the defacto complainant. But when the balance amount of Rs.10 lakhs was demanded by the defacto complainant he was invited to the residence of the 1 st accused by the 2nd accused. When he reached there, this petitioner along with the other accused sharing the common intention to murder him

caught hold of him and the 1st accused had stabbed him several times with a knife causing grievous injuries. Though he was rushed to the hospital, he succumbed to the injuries. Thereby this petitioner and the other accused have committed the aforesaid offences.

4. The learned counsel for the petitioner has submitted

that, though he is having criminal antecedents, in all the cases registered against him he was acquitted and now there is no pending case against him. He is also having no role in committing the alleged offence. Now as the investigation of the case is over and charge sheet has been submitted, he is entitled to be released on bail, as 4th accused who is also involved in the same crime have already been released on bail by this Court, treating him with parity.

5. The learned Public Prosecutor has submitted that 4 th

accused was granted bail just considering the fact that he is having no criminal antecedents and so granting of bail to the 4 th accused, is not at all a ground to release this petitioner also on bail.

6. But it is pertinent to note that the investigation of the

case is over and charge sheet has been submitted before the jurisdictional Magistrate and now it is pending as CP No.62/2021. Moreover, materials are not on record to infer that custodial trial is required in the case and therefore this petitioner can also be released on bail subject to the following conditions:

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

executing a bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) 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.

(iii) The petitioner shall not commit any offence while

on bail. In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE mpm