Kerala High Court
Jesfin Joy vs State Of Kerala on 18 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945
BAIL APPL. NO. 2625 OF 2023
AGAINST THE ORDER IN CRIME NO.78/2023 OF MALA POLICE STATION
PETITIONER/1ST ACCUSED :-
JESFIN JOY
AGED 20 YEARS
S/O.JOY, KAREKKATT ATTOKKARAN HOUSE,
AMBAZHAKAD DESOM, KOTTAMURI P.O., CHALAKUDY TALUK,
THRISSUR DISTRICT,, PIN - 680732
BY ADV N.L.BITTO
RESPONDENT/STATE OF KERALA :-
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2625 OF 2023
2
ORDER
Dated this the 18th day of April, 2023 The petitioner is the first accused in Crime No.78 of 2023 of Mala Police Station, Thrissur. The offences alleged against the petitioner and the other accused are under Sections 143, 147, 148, 323, 324, 326 and 308 r/w Section 149 Indian Penal code.
2. The prosecution case is that on 22.01.2023 at about 10.30 pm, the petitioner along with the other accused attacked the defacto complainant by using a knuckle duster and other weapons. Due to the attack, the defacto complainant sustained fracture on the face below the left eye and the nasal bone. The crime was registered in such circumstances and as part of investigation, the petitioner was arrested on 23.01.2023, when he is surrendered before the Investigation Officer. Since then he has been under judicial detention, this application is submitted, seeking regular bail.
3. Heard Sri.N.L.Bitto, the learned counsel appearing for the petitioner and Sri.C.N.Prabhakaran, the learned Public Prosecutor appearing for the State.
BAIL APPL. NO. 2625 OF 2023 3
4. The learned counsel for the petitioner submits that he is innocent of all the allegations and he was falsely implicated in this case.
5. On the other hand, the learned Public Prosecutor opposed the aforesaid application by pointing out that there are specific allegations against the petitioner, and it is pointed out that as per the prosecution case, it was he who attacked the defacto complainant by using knuckle duster. The injury that attracted the offence under Section 326 of the Indian Penal Code was on account of the acts committed by the petitioner. The matter is under investigation and therefore, the learned Public Prosecutor seeks the dismissal of the application.
6. I have gone through the records and heard the contentions raised by both the parties. It is true that there are allegations raised against the petitioner. However, the fact is that the petitioner has been under judicial detention in connection with the investigation of this case from 23.01.2023 and according to the petitioner he surrendered before the police. There is substantial progress in the investigation . No criminal antecedents of the petitioner is also BAIL APPL. NO. 2625 OF 2023 4 brought to my notice. In such circumstances, taking note of the period of detention which the petitioner had already undergone, I do not find any necessity for continued incarceration of the petitioner. Therefore, the petitioner is directed to be released on bail subject to the following conditions:
1) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2) The petitioner shall fully co-operate with the investigation.
3) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.
4) The petitioner shall appear before the Investigating Officer as and when required.
5) The petitioner shall not commit any offence of like nature while on bail.
6) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
7) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court.
8) The petitioner shall surrender his passport before the Jurisdictional court and, in case he does not have a passport, an BAIL APPL. NO. 2625 OF 2023 5 affidavit to that effect shall be filed.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.
Sd/-
ZIYAD RAHMAN A.A. JUDGE SMA BAIL APPL. NO. 2625 OF 2023 6 APPENDIX OF BAIL APPL. 2625/2023 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR IN CRIME NO.78 OF 2023 OF MALA POLICE STATION DATED 23/1/2023 Annexure2 A TRUE COPY OF THE ORDER IN CRL.MP.1432 OF 2023 BEFORE THE JFCM, NO.1, CHALAKUDY DATED 24/3/2023 Annexure3 A TRUE COPY OF THE REMAND REPORT IN CRIME NO.78 OF 2023 OF THE MALA POLICE STATION DATED 23/3/2023