Renjith K. Joseph v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-02-20
Court Decision / Holding: Anticipatory bail granted to the petitioner under Section 438 CrPC with conditions: surrender before the Investigating Officer within seven days, two days of interrogation in a specified time window for weapon recovery, production before the jurisdictional court on arrest with bond of Rs. 30,000 by the petitioner and two solvent sureties, appearance on Mondays and Wednesdays for two months or until final report, and a prohibition on witness intimidation; the petitioner must cooperate with the investigation and is required to be available for trial.
Final Disposition: Bail granted; anticipatory bail under Section 438 CrPC with stated conditions.

Parties to the Case

Appellants / Petitioners

Renjith K. Joseph

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• SRI. Surin George Ipe

Counsels for Respondents

• SRI. P.G. Manu, Sr. Public Prosecutor

Case Synopsis & Summary

This bail application under Section 438 CrPC is filed by Renjith K. Joseph, the first accused in Crime No.2567/2022 of Kottayam East Police Station, alleging an attempt to commit culpable homicide not amounting to murder on 29 December 2022. The prosecution contends that, in furtherance of a common criminal design shared with the second accused, the first accused inflicted stab wounds on Jishnu Vinod and that the defacto complainant sustained serious injuries when the second accused struck with a stone; a counter case (Crime 2570/2022) was also registered against both accused under multiple IPC sections. The applicant sought anticipatory bail, arguing the incident occurred in front of his own house, there are no prior criminal antecedents, and that custodial interrogation is not necessary; he also cites the amputation of his right index finger in the incident. The Public Prosecutor opposed bail, emphasizing the need for custodial interrogation and recovery of weapons, and noted the counter-case. Wound certificates were placed showing injuries to Jyothish and Jishnu Vinod, and the petitioner’s own wound certificate; the court observed that the truth requires evidence, including the counter-attack. The High Court granted anticipatory bail with conditions: surrender within seven days, interrogation for two days, bond of Rs.30,000 with two sureties, appearance on specified days, and prohibition on witness intimidation, while ensuring cooperation with investigation.

Provisions of Law Cited

Section 438 of CrPCIPC Sections 307, 323, 324, read with Section 34IPC Sections 143, 147, 148, 452, 324, 294(b), 506(i), 326, 323, 341, 427 read with Section 149

Submissions & Arguments

Contentions of Appellants / Petitioners

Learned counsel for the petitioner argued that the place of occurrence was in front of the petitioner's house, there are counter-allegations and counter-case, the petitioner has no criminal antecedents, and custodial interrogation is not necessary. He highlighted the petitioner’s injury (loss of right index finger) as contextual but not a bar to release on anticipatory bail. He requested that the court grant anticipatory bail with conditions to ensure cooperation and appearance, arguing that the investigation can progress without prolonged custody and that weapon recovery can be achieved through compliance with conditions.

Contentions of Respondents

The Public Prosecutor opposed the bail, stressing the necessity of custodial interrogation and immediate recovery of the weapon, given the injuries reported and the existence of a counter-case (Crime 2570/2022). He argued that the offences alleged are grave enough to require the accused’s presence for proper investigation and to prevent possible tampering with evidence. He contended that bail should be refused or substantially conditioned to safeguard investigation and witnesses.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **MONDAY, THE 20[TH] DAY OF FEBRUARY 2023/1ST PHALGUNA, 1944 BAIL APPL. NO.766 OF 2023** **AGAINST THE ORDER/JUDGMENT DATED 18.01.2023 IN CRMP 133/2023 OF DISTRICT COURT & SESSIONS COURT, KOTTAYAM PETITIONER/1ST ACCUSED:** RENJITH K JOSEPH, AGED 37 YEARS, S/O.K.S. JOSEPH, KODANCHERUVIL HOUSE, MANGANAM KARA, VIJAYAPURA, VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT., PIN – 686018. BY ADV. SRI.SURIN GEORGE IPE ## **RESPONDENT/COMPLAINANT:** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA., PIN – 682031. BY ADV. SRI.P.G.MANU, SR.PUBLIC PROSECUTOR **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **B.A. No.766 of 2023** 2 ## **O R D E R** ## **Dated, this the 20[th] February, 2023** This is a petition filed under Section 438 of the Code of Criminal Procedure, 1973 and the petitioner is the 1[st] accused in crime No.2567/2022 of Kottayam East Police Station, where he alleged to have committed offences punishable under Sections 307, 323, 324 read with Section 34 of IPC. 2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 3. The prosecution allegation is that at about 5.30 p.m., on 29.12.2022, the accused herein after sharing common intention, assaulted the defacto complainant with intention to commit culpable homicide not amounting to murder. The specific allegation is that the 1[st] accused inflicted stab injuries on the abdomen and shoulder of one Jishnu, who is 3 ## **B.A. No.766 of 2023** the friend of the defacto complainant. When the defacto complainant intervened, the 2[nd] accused beat on the head of the defacto complainant by using a stone and the same caused serious head injury. This is the premise on which the prosecution alleges commission of the above offences. 4. While pressing for grant of anticipatory bail to the petitioner, the learned counsel for the petitioner submitted that the place of occurrence is in front of the house of the petitioner and counter case also was registered, since the defacto complainant and others herein, attacked and caused serious injuries including fracture to accused Nos.1 and 2 in the present crime. He also submitted that the petitioner has no criminal antecedents and his custody for the purpose of investigation is not necessary. According to the learned counsel for the petitioner, the right index finger of the 1[st] accused was 4 ## **B.A. No.766 of 2023** amputated. 5. Whereas, the learned Public Prosecutor opposed the bail highlighting the necessity of custodial interrogation and recovery of weapon at the instance of the 1[st] accused. The learned Public Prosecutor also submitted that counter case also was registered. 6. In the report of the Investigating Officer, it is stated that in the same occurrence accused Nos.1 and 2 in this crime also sustained serious injuries and, accordingly, Crime No.2570/2022 also was registered alleging commission of offences under Section 143, 147, 148, 452, 324, 294(b), 506(i), 326, 323, 341, 427 read with Section 149 of IPC. 7. The copies of wound certificates of Jyothish and Jishnu Vinod are part of the Case Diary. The injuries are as under: ## Jyothish *abrasion over right frontal region 2x0.5 cm & 3x0.5 5 ## **B.A. No.766 of 2023** cm. *abrasion over right parietal region 2x0.2 cm with swelling. *abrasion 1x0.2 cm over right occipital area. ## Jishnu Vinod * stab injury over left upper abdomen 2x1 cm. *lacerated wound on shoulder 2x1x1 cm. *abrasion over right index finger. 8. A copy of the wound certificate pertaining to the petitioner, Sri.Renjith K.Joseph, also has been placed by the learned counsel for the petitioner dated 29.12.2022 at 4:45 p.m., wherein abrasions on right side of head, right elbow etc. were noticed along with loss of right index finger. It is on this premise the counter case alleging commission of offences under Section 143, 147, 148, 452, 324, 294(b), 506(i), 326, 323, 341, 427 read with Section 149 of IPC, was registered. In this matter, the petitioner herein is a person, whose right index finger was lost in the same occurrence. 9. Since in this matter, attack and ## **B.A. No.766 of 2023** 6 counter attack involved and two crimes also were registered, the truth of the matter is to be ascertained based on the evidence, to be adduced. 10. Having noticed the facts as discussed, I am inclined to grant anticipatory bail to the petitioner with direction to the petitioner to surrender before the Investigating Officer and subject himself for interrogation and recovery of weapon at his instance. 11. Accordingly, this bail application is allowed and the petitioner is enlarged on anticipatory bail on the following conditions: i. The petitioner shall surrender before the Investigating Officer within seven days from today and on such surrender, the Investigating Officer can question the petitioner on two days in between 10:00 a.m. and 3:00 p.m. to extract details of the crime and to effect recovery of the weapon. In the event of his 7 ## **B.A. No.766 of 2023** arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself. ii. On such production, the jurisdictional court shall release the petitioner on bail, on executing bond for Rs.30,000/(Rupees thirty thousand only) by himself and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court. iii. The petitioner shall co-operate with investigation and shall be made available for trial. He shall appear before the Investigating Officer on every Monday and Wednesday in between 9 a.m. and 12 p.m, from the date of release on bail, for a period of two months or till the final report will be filed, whichever occur first. iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner. ## **B.A. No.766 of 2023** **==> picture [7 x 9] intentionally omitted <==** **==> picture [329 x 106] intentionally omitted <==** Sd/- ## **A.BADHARUDEEN, JUDGE.** ww 9 ## **B.A. No.766 of 2023** ## **APPENDIX OF BAIL APPL. 766/2023** ## PETITIONER'S ANNEXURES: ANNEXURE 1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME 2570/2022 OF KOTTAYAM EAST POLICE STATION. ANNEXURE 2 CERTIFIED COPY OF THE ORDER DATED 18.01.2022 IN CRL.M.P NO.133 OF 2023 OF THE SESSIONS COURT, KOTTAYAM.