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2022 Supreme(Online)(KER) 14322

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 23RD DAY OF SEPTEMBER 2022 / 1ST ASWINA, 1944 BAIL APPL. NO. 7318 OF 2022 PETITIONER/ACCUSED NO.8:

JISHNU @ VICHU, AGED 24 YEARS S/O.JANARDHANAN @ KANNAN, CHEMBAKKARA, VALAKKAZHA, KATTOOR VILLAGE, THRISSUR DISTRICT, PIN - 680702 BY ADVS.

C.A.CHACKO C.M.CHARISMA BABU V.P.

RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT:

SR.PP - SRI. SAJJU S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

23.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

------------------------

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Dated this the 23rd day of September, 2022

ORDER

Application for regular bail.

2. Petitioner is the 8th accused in Crime No.490 of 2022 of Valappad Police Station, Thrissur District alleging commission of offences punishable under Sections 143, 147, 148, 450, 341, 323, 324, 307, 302, 201 and 212 r/w Section 149 of the IPC. 3. The prosecution case is that, due to enmity in connection with termination of accused Nos.1 and 2 from the bar hotel named Central Residency, the petitioner along with seven other accused persons formed themselves into an unlawful assembly on 12.7.2022 at 9.20 pm, trespassed into the Central Residency, voluntarily caused hurt to defacto complainant, who is the owner of the Residency and 3rd accused wrongfully restrained one Baiju with an intention to kill him, stabbed him with A knife, 5th accused chopped him with a knife and when another person named Ananthu tried to prevent him, the 5th accused caused grievous hurt to him also by stabbing with a knife, said Baiju died as a result of the injury sustained in the incident. The 9th accused harbored the other accused persons after committing the offence.

4. The petitioner submits that he has been in custody from 19.7.2022 onwards, and the investigation is practically over and his continued detention is not required for the purpose of investigation.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. Learned Public Prosecutor opposed the application for bail mainly contending that one person died and two other persons sustained injuries in the alleged incident. Accused Nos.1 and 2 who were the employees of the bar hotel were terminated from service for creating forged bills, etc, and the present attack is as a retaliation for the same and Krishnaraj who is the owner of the bar hotel had sustained serious injuries and one of the employees of the bar hotel died in the alleged incident. It is further submitted by the learned Public Prosecutor that serious overt acts are alleged against accused Nos.3,4 and 5 and that the allegation against the petitioner is that he was also amember of the unlawful assembly.

7. Having regard to the facts and circumstances of the case, considering the nature of the allegations, and that the petitioner is in custody from 19.07.2022 onwards, and that no serious overt acts are alleged against the petitioner, I am inclined to grant bail to the petitioner, and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

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

(ii) Petitioner shall appear before the investigating officer in Crime No.490 of

2022 of Valappad Police Station, on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.490 of

2022 of Valappad Police Station;

(iv) The petitioner shall not enter the local limits of the Valappad Police Station except for the purpose of complying with condition No.(ii) above, till the filing of the final report;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.490 of 2022 of Valappad Police Station may file an application before the jurisdictional court, for cancellation of bail.

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