Allowed

Ragesh M.V. v. the State of Kerala

Kerala HC4 Mar 2013Bail Appl./1390/2013

Case brief

AI extract

What is this about?

The High Court granted bail to accused persons charged with offences under various sections of the IPC, including rioting and voluntarily causing grievous hurt. Despite the Public Prosecutor's opposition, the court exercised its extraordinary jurisdiction to allow bail subject to strict conditions regarding surrender, investigation cooperation, reporting, and non-interference with witnesses.

What did the court decide?

Application for bail allowed subject to conditions of surrender, weekly reporting, and non-tampering with witnesses or evidence.

Ragesh M.V. Vs the State of Kerala — Bail and Remand | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.BHAVADASAN

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MONDAY, THE 4TH DAY OF MARCH 2013/13TH PHALGUNA 1934

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Bail Appl..No. 1390 of 2013 ()

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CRIME NO. 58/2013 OF PARIYARAM POLICE STATION , KANNUR

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PETITIONERS(S)/ACCUSED 2-6:

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1. RAGESH M.V. AGED 31 YEARS S/O.RAGHAVAN, CHALIL THOTTUKARA, EZHILODE P.O. KANNUR DISTRICT.

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2. V.V.DINESHKUMAR, AGED 32 YEARS. S/O.KUNHIKANNAN, CHENGALAM, P.O.MATHAMANGALAM KANNUR DISTRICT.

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3. SUNILKUMAR C.V., AGED 28 YEARS, S/O.NARAYANAN C.K., CHETTIKATTE VEETTIL, EZHILODE P.O. KANNUR DISTRICT.

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4. SUBASH M.V., AGED 33 YEARS, S/O.NARAYANAN, CHENGALAM, P.O.MATHAMANGALAM KANNUR DISTRICT.

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5. SUMESH M.V., AGED 30 YEARS, S/O.NARAYANAN, CHENGALAM, P.O.MATHAMANGALAM KANNUR DISTRICT.

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BY ADVS.SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER

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RESPONDENT(S)/COMPLAINANT:

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THE STATE OF KERALA THE SUB INSPECTOR OF POLICE PARIYARAM MEDICAL COLLEGE POLICE STATION CRIME NO.58/2013) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTORSRI.ROY THOMAS

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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P.BHAVADASAN, J.

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Bail Application No.1390 OF 2013

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Dated this the 4^th day of March, 2013.

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O R D E R

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The petitioners are accused Nos.2 to 6 in Crime No.58/2013 of Pariyaram Medical College Police Station who are alleged to have committed the offences punishable under Sections 143, 147, 148, 341, 321, 324 read with Section 149 of Indian Penal Code. Later a report was filed by the investigating officer stating that an offence under Section 326 IPC has also been committed.

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The allegation is that on 23.01.2013 at about 5 p.m,

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while one Rajeevan M.V and one Vijesh K were standing in front of Kailas Hotel, the accused along with one Nisha came there and she pointed her fingers towards the two persons made mention of above and the accused who were seven in number came near to the de facto complainant and the 1^st accused is alleged to have caught hold of the neck of the de facto complainant and the other accused held him by his hands and then the 1^st accused gave a

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kick on the lower abdomen and the de facto complainant fell

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B.A. No.1390/2013

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down. Then the 1^st accused hit him on his face with a stone causing injury to him on his nose and face. The others beat him with hands.

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The petitioners would say that they are innocent of the allegations. It is pointed out that when Smt.Nisha, who is the wife of the 3^rd accused, went to the house under construction, the de facto complainant misbehaved towards her and Smt.Nisha has filed a complaint which has not been registered. They would also say that a false case has been registered against them. It is pointed out that the petitioners, who are accused Nos.2 to 6, are not attributed with any overt acts. In fact the 1^st accused had already been granted bail.

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Learned Public Prosecutor opposed the petition and pointed out that considering the acts committed by the petitioner, they do not deserve any leniency.

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After having heard the learned counsel for the petitioners, the learned Public Prosecutor and after having perused the records, the claim of the petitioners that they are totally innocent cannot be accepted. However, considering the

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B.A. No.1390/2013

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nature of the allegations against them and the reason for altercation etc., it is felt that this is a fit case where extra ordinary jurisdiction needs to be exercised in favour of the petitioners. Therefore, the application is allowed on the following conditions:

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i) The petitioners shall surrender before the Investigating Officer on or before 11.03.2013 who, after interrogation, shall produce them before the Judicial First Class Magistrate Court concerned, which court, on application for bail being moved by the petitioners, shall release them on bail on their executing bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court concerned.

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ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts produced by them.

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iii) The petitioners shall report before the Investigating Officer on every Wednesday between 9 a.m and 10 a.m until further orders.

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iv) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the

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B.A. No.1390/2013

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witness.

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v) If any of the condition is violated, the bail granted shall stand cancelled and the Judicial First Class Magistrate Court concerned, on being satisfied of the said fact, may take such steps as are available to him in law.

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P.BHAVADASAN JUDGE

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smp

Ragesh M.V. v. the State of Kerala

Case brief

What is this about?

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Ragesh M.V. v. the State of Kerala

Case brief

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