Allowed

Rajan and Another v. State of Kerala

Kerala HC12 Jun 2009Bail Appl./2890/2009

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to two accused persons arrested in a factional fight case. The court ordered their release on bail subject to the execution of a bond and adherence to specific conditions regarding reporting and prohibition of interfering with witnesses.

What did the court decide?

Petitioners released on bail on bond of Rs. 50,000/- each with two solvent sureties each for the like amount.

Rajan and Another Vs State of Kerala — Bail and Remand | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931

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Bail Appl..No. 2890 of 2009() -------------------------------------CRIME NO.168/2009 OF VALIYATHURA POLICE STATION ....................

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PETITIONERS/ACCUSED 10 & 17:

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RAJAN @ VIPIN, S/O.EAPPACHAN, TC.44/837, OLG NAGAR, VALIYATHURA, VALIYATHURA WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM.

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VARGHESE @ RASHY, S/O.THOMAS, T.C.44/821, K.V.PURAYIDAM, VALIYATHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM.

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BY ADV. SRI.G.SUDHEER

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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SRI. M.S. BREEZ, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T. SANKARAN, J.

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B.A. No.2890 of 2009

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Dated this the 12^th day of June, 2009

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O R D E R

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This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.10 and 17 in Crime No. 168/2009 of Valiyathura Police Station

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The offences alleged against the petitioners are under

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Sections 143, 147, 148, 149, 283, 333, 326, 427 and 307 of the Indian Penal Code and Section 3(1) of the PDPP Act and Section 38 read with Section 52 of the Kerala Police Act.

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The Public Prosecutor submitted that there are 26 identifiable accused persons in the case. The petitioners were arrested on 5/04/2009 and they are in judicial custody. The incident arose as a result of factional fight in a church.

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Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners.

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The petitioners shall be released on bail on their

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B.A. No.2890 / 2009

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executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial

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Magistrate of the First Class-II, Thiruvananthpuram subject to the following conditions:-

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A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders.

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