Allowed

Sujith Raj a. v. State of Kerala

Kerala HC26 Aug 2016Bail Appl./4080/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a pre-arrest bail application filed by accused persons in a case involving political clash and assault. The court noted minor injuries and denied benefit to the principal accused not present.

What did the court decide?

Petitioners released on bail with two sureties of Rs. 50,000 each on conditions to report to police, stay within police station limits, and avoid contact with witnesses.

Sujith Raj a. 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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FRIDAY, THE 26TH DAY OF AUGUST 2016/4TH BHADRA, 1938

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Bail Appl..No. 4080 of 2016 ()

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CRIME NO. 371/2016 OF HOSDURG POLICE STATION, KASARGOD DISTRICT

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PETITIONER(S)/ACCUSED NOS. 2 TO 4:

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1. SUJITH RAJ A, AGED 32 YEARS, S/O RAJAN, MURIYANAVI, HOSDURG VILLAGE, HOSDURG TALUK.

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2. RAJESH, AGED 32 YEARS, S/O C.BALAKRISHNAN, MURIYANAVI, HOSDURG VILLAGE, HOSDURG TALUK.

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3. VIJESH.T, AGED 27 YEARS, S/O BALAKRISHNAN, MURIYANAVI, HOSDURG VILLAGE, HOSDURG TALUK.

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BY ADV. SRI.A.ARUNKUMAR

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RESPONDENT(S)/STATE/ COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM -682 031

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2. THE STATION HOUSE OFFICER, (CRIME NO.371/2016) OF HOSDURG POLICE STATION,

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KASARAGOD DISTRICT) -671 312

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BY PUBLIC PROSECUTOR SMT. R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

P. UBAID, J

B.A.No.4080 of 2016

Dated this the 26^th day of August, 2016

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O R D E R

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The petitioners herein are the accused Nos.2, 4 and 3 respectively in Crime No.371/2016 of the Hosdurg Police Station, registered under Sections 143, 147, 148, 341, 324, 506(ii) and 308 read with 149 IPC. They seek pre-arrest bail under Section 438 Cr.P.C., on the apprehension of arrest by

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the police. There are some other connected matters also, involving some dispute between two political fractions. This appears to be one of the many crimes registered by the police in connection with such instances of political clash. One of the petitioners herein is the injured defacto complainant in Crime No.316/2016 of the same Police Station, where this Court has granted pre-arrest bail to the accused. On a perusal of the case diary including the wound certificates in the name of the victims of offence, I find that nobody had sustained any serious injury in the alleged incident. One had only a laceration of 4x1x1 cm. over the left parietal area, and the other had 2x1x1 cm. laceration over the right parietal area. It

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B.A.Nos.4080 of 2016

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appears that the main allegations are against the 1^st accused, who in fact led the gang that attacked, and assaulted the injured persons. In the nature of the allegations and the materials so far collected, I feel it appropriate to grant prearrest bail to the petitioners. It is made clear that this order will not, in any manner, go the benefit of the 1^st accused, who is yet to be arrested.

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In the result, this petition for pre-arrest bail is allowed. The petitioners are ordered to be released on bail on their executing a bond with two solvent sureties for Rs.50,000/(Rupees Fifty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of their arrest in connection with Crime No.371/2016 of the Hosdurg Police Station. Bail is granted on condition that,

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a) The petitioners shall report before the Circle Inspector of Police, Kasaragod between 10 am. and 11 am on all Thursdays for a period of two months.

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b) The petitioners shall not enter the limits of Hosdurg Police Station for a period of two months. c) The petitioners shall not in any manner influence or intimidate the material witnesses, or they shall not have any contact with the material witnesses directly or over

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B.A.Nos.4080 of 2016

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telephone or otherwise.

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Forward a copy of this order to the Circle Inspector of

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Police, Kasaragod, who will report compliance of conditions directly to the learned Magistrate.

Sd/-

P.UBAID, JUDGE

// True Copy //

P.A. to Judge

Sujith Raj a. v. State of Kerala

Case brief

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Sujith Raj a. v. State of Kerala

Case brief

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