Allowed

Rajendran v. State of Kerala

Kerala HC2 Jun 2016Bail Appl./4064/2016

Case brief

AI extract

What is this about?

Single accused petitioner sought regular bail for trial regarding assault with a sword. Investigation deemed practically complete. Bail allowed on bond with sureties and strict conditions to prevent witness intimidation and ensure investigation completion.

What did the court decide?

Relief granted: Petitioner released on bail by executing a bond with two solvent sureties for ₹40,000/- each, subject to conditions including reporting, jurisdictional restriction, and no contact with

Rajendran Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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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.UBAID

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THURSDAY, THE 2ND DAY OF JUNE 2016/12TH JYAISHTA, 1938

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Bail Appl..No. 4064 of 2016 () ------------------------------CRIME NO. 517/2016 OF CHIRAYINKEEZHU POLICE STATION, THIRUVANANDAPURAM DISTRICT

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PETITIONER(S)/ACCUSED 1:

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RAJENDRAN,AGED 41 YEARS, S/O.PACHAN DARSINI MANDIRAM, PANAYARA KORANI P.O., THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.LIJU. M.P

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RESPONDENT(S)/COMPLIANANT:

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STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE CHIRAYINKEEZH POLICE STATION THIRUVANANTHAPURAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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============================

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B.A.No.4064 of 2016

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============================ Dated this the 2^nd day of June, 2016

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ORDER

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The petitioner herein is the sole accused in Crime No.517 of 2016 of the Chirayinkeezh Police Station registered under Sections 294(b), 341, 324 and 308 read with Section 34 of the Indian Penal Code, and under Section 27 of the Arms Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the Judicial First Class Magistrate Court-Temporary, Attingal on 11.05.2016. The petitioner has been in judicial custody since 08.05.2016. He is the first accused.

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The prosecution case is that at about 9.30 pm on 15.4.2016 the petitioner herein and his friend Binu assaulted the defacto complainant in connection with some dispute regarding a temple festival, and the first accused inflicted injuries on his body with a sword.

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B.A.No.4064 of 2016 2

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Though there are two accused in this case, the complicity of the other person is doubtful. Anyway, the petitioner has been in judicial custody since 08.05.2016. It is submitted that inspite of efforts, the weapon of offence could not be recovered by the police. A perusal of the wound certificate shows that the complainant had not sustained any serious injury. He had a laceration 7x0.1x1 cm on the left side of scalp, with bleeding, and another laceration 0.3x0.5x0.5 cm on the left side of abdomen. A perusal of the Case Diary shows that the police has questioned all the material witnesses.

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This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.

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On hearing both sides, and on a perusal of the materials including the case diary and the police report, I find that investigation in this case is practically over, and that the petitioner can be now released on appropriate conditions. I find that the Investigating Officer has already

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B.A.No.4064 of 2016 3

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questioned the material witnesses, and has already collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioner in custody. However, the petitioner will have to be directed to report before the Investigating Officer periodically, to ensure that the remaining part of investigation is not in any manner obstructed.

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In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for ₹40,000/-(Rupees Forty Thousand only) each to the satisfaction of the learned Judicial First Class Magistrate Court-Temporary, Attingal. Bail is granted on condition that;

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a. The petitioner shall report before the Investigating Officer between 10.00 am to 11 a.m on all Mondays for a period of two months.

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b. The petitioner shall not leave the jurisdictional limits of the Chirayinkeezh Police Station for two months.

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c. The petitioner shall not in any manner influence or intimidate the witnesses and he shall not have any

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B.A.No.4064 of 2016 4

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contact with the material witnesses directly or over telephone or otherwise.

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d. The petitioner shall not enter the limits of the

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Revenue Village where the house of the complainant is situated, for two months.

Sd/-

rkj

//TRUE COPY//

P.A. TO JUDGE

Rajendran v. State of Kerala

Case brief

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Rajendran v. State of Kerala

Case brief

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