Kerala High Court
Michel Cleetus vs The State Of Kerala on 30 September, 2021
Author: M.R.Anitha
Bench: M.R.Anitha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
BAIL APPL. NO. 7376 OF 2021
CRIME NO.1521/2021 OF THOPPUMPADY POLICE STATION, ERNAKULAM
PETITIONER/2ND AND 3RD ACCUSED:
1 MICHEL CLEETUS
AGED 18 YEARS
S/O CLEETUS,
ELAMPLASSERY HOUSE,
BEACH ROAD, COCHIN,
ERNAKULAM DISTRICT, PIN-682002.
2 JIBIN JOSEPH
AGED 21 YEARS
S/O JOSHI CHACKO, CHAKKALAKKAL HOUSE,
RAMESWARAM VILLAGE, MOOLAMKUZHY,
THOPPUMPADY, ERNAKULAM DISTRICT, PIN-682507.
BY ADVS.
ARUN ASHOK
NEENA JAMES
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031.
BY ADV.SMT.SEETHA.S,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL.NO.7376 OF 2021
-2-
ORDER
Petitioners are accused Nos.2 and 3 in crime No.1521/2021 of Thoppumpady Police Station, Ernakulam, which is registered for the offences punishable under Sections 294(b) and 506 r/w 34 IPC, Section 118(a) of Kerala Police Act and Section 4(1) r/w 3 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.
2. It is alleged that on 02.09.2021, at about 00.50 hours, the petitioners along with other accused persons, with an intention and preparation to create a dreadful situation in the Govt. Maharajas Taluk Hospital, Karuvelipady where the defacto complainant had been discharging her duties as duty Doctor, when the defacto complainant directed to put stitch on the wound of the first accused, who sustained injury in an accident, the petitioners abused her, who is a Doctor and other employees using filthy language and intimidated them and thereby created a dreadful scene in the hospital. Hence, the accused committed the offence aforementioned.
BAIL APPL.NO.7376 OF 2021 -3-
3. The petitioners were arrested on 03.09.2021. They have been under confinement from 03.09.2021.
4. On behalf of the respondent, Sub-Inspector of Police, Thoppumpady filed a report. In the report, it has been stated that ever so many crimes are pending against accused Nos.1 and 4. and against accused No.5 also other crimes are pending. As far as the present petitioners are concerned, no criminal antecedents is mentioned and they are aged 18 and 21 years respectively.
Hence, taking into account the period of confinement already undergone by the petitioners, especially, taking into consideration of the age of the petitioners, I am of the view that continued confinement of the petitioners would not be necessary in this case. In the said circumstances, I am inclined to grant bail to the petitioners on the following conditions:-
i. The petitioners shall be released on bail on their executing bond for a sum of Rs.30.000/- (Rupees thirty thousand Only) each, with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
ii. The petitioners shall appear before the SHO concerned on all Mondays between 9.00 a.m and 10.00 a.m for a period of three months from the date of their release or till the final report is filed, BAIL APPL.NO.7376 OF 2021 -4- whichever is earlier.
iii. The petitioners 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The petitioners shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
M.R.ANITHA JUDGE nkr