Kerala High Court
Bail Appl./11474/2023 of SIRIYAK.J, Vs THE STATE OF KERALA on 29 December 2023
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 BAIL APPL. NO. 11474 OF 2023 CRIME NO.1820/2023 OF Chavara Police Station, Kollam PETITIONER/SOLE ACCUSED: SIRIYAK.J, AGED 40 YEARS, S/O JOYS,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMARFRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945
BAIL APPL. NO. 11474 OF 2023
CRIME NO.1820/2023 OF Chavara Police Station, Kollam PETITIONER/SOLE ACCUSED:
SIRIYAK.J, AGED 40 YEARS,S/O JOYS, KADAPPURATHUVEETTIL, PADINJATTATHIL, NEENDAKARA P.O., KOLLAM DISTRICT, PIN – 691582.
BY ADVS.R.RAJESH (VARKALA)MANU RAMACHANDRANM.KIRANLALT.S.SARATHSAMEER M NAIRSAILAKSHMI MENON
RESPONDENTS/STATE & I.O.:
1STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.2THE STATION HOUSE OFFICER,CHAVARA POLICE STATION, KOLLAM DISTRICT, PIN – 691583.
BY ADV.SRI.K.A.NOUSHAD, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON29.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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C.PRATHEEP KUMAR, J.
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Bail Application No.11474 of 2023
------------------------------------------ Dated this the 29[th] day of December, 2023
ORDER
1. This is an application for regular bail filed under Section 439 Cr.P.C by thesole accused involved in Crime No.1820 of 2023 of Chavara Police Station.The offences alleged against the petitioner are under Sections 294(b), 341, 324,506 (ii) and 307 of Indian Penal Code.sole accused involved in Crime No.1820 of 2023 of Chavara Police Station.The offences alleged against the petitioner are under Sections 294(b), 341, 324,506 (ii) and 307 of Indian Penal Code.
2. The Prosecution case is that on 04.11.2023 at about 10.30 a.m., due to previousenmity, the petitioner attacked the de facto complainant, her husband and herson with a knife. The accused has been in custody since 04.11.2023.enmity, the petitioner attacked the de facto complainant, her husband and herson with a knife. The accused has been in custody since 04.11.2023.
3. According to the learned counsel for the petitioner, this is a false case foistedagainst him and also that he isinnocent.against him and also that he isinnocent.
4. On the other hand, the learned Public Prosecutor opposed the bail application.Further, he would submit that the petitioner has no criminal antecedents. Further, he would submit that the petitioner has no criminal antecedents.
5. Considering the fact that the petitioner is in custody since 04.11.2023 and thereis no other criminal cases against him, I am inclined to allow this application,is no other criminal cases against him, I am inclined to allow this application, subject to the following conditions :-
(i) The petitioner is released on bail on executing bond forRs.50,000/- (fifty thousand only) with two solvent sureties for thelike sum to the satisfaction of the Court below.
(ii) The petitioner shall report before the Investigating Officer onevery Tuesday between 10.00 am and 11.00 am till the finalreport is filed or till the end of January, 2024, whichever isearlier.
(iii) The petitioner shall co-operate with the investigation. Heshall not intimidate or influence the witnesses or tamper with theevidence.
akv
Sd/- C.Pratheep Kumar Judge
APPENDIX OF BAIL APPL. 11474/2023
PETITIONER ANNEXURES
ANNEXURE A1
THE TRUE COPY OF THE FIR IN CRIME NO. 1820 OF2023 OF CHAVARA POLICE STATION, KOLLAM DISTRICT
ANNEXURE A2
THE TRUE COPY OF THE ORDER DATED 20.12.2023 IN CRL.M.C NO 2623/2023 BEFORE THE PRINCIPAL SESSIONS COURT, KOLLAM
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