High Court of Kerala allowed a regular bail application for the accused in a murder case. The court noted that investigation was practically over and continued detention was unnecessary, granting bail with strict conditions on reporting and movement.
Petitioner released on bail on executing a bond with two solvent sureties for ₹1 lakh each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 22ND DAY OF JULY 2016/31ST ASHADHA, 1938
Bail Appl..No. 5282 of 2016 ()
CRIME NO. 270/2016 OF PULPALLY POLICE STATION, WAYANAD DISTRICT
PETITIONER/ACCUSED :
RAJAN @ RAJAN JOSEPH, AGED 35 YEARS, S/O JOSEPH, VAZHAPARAMBIL HOUSE, SASIMALA P.O., PADICHIRA AMSOM, S. BATHERI, WAYANAD DISTRICT.
BY ADV. SRI.P.K.VARGHESE
RESPONDENT/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.UBAID, J.
ORDER
The petitioner herein is the accused in Crime No. 270 of 2016 of the Pulpally Police Station, registered under Sections 324, 294(b) and 302 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. This is the petitioner's second application for regular bail. His first application was dismissed on 20.6.2016. The petitioner has been in judicial custody for 86 days.
B.A.No. 5282 of 2016
-2-
deceased and his son questioned the petitioner, he turned violent and attacked them with a heavy stick. It is true that the petitioner had also sustained some injuries in the incident. That fact is not suppressed by the informant in this case. But in the statement given by the petitioner herein as regards the injuries sustained by him, there is no mention as to how the others sustained injuries. The postmortem certificate shows that Prabhakaran died due to very serious injury sustained over the abdomen. Prabhakaran had so many antemortem injuries.
B.A.No. 5282 of 2016
-3-
continued detention of the petitioner in custody.
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 1 lakh (Rupees One Lakh₹ only) each to the satisfaction of the learned Magistrate having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the Investigating Officer between 10.00 a.m. and 11 a.m. on all Thursdays for a period of three months.
b. The petitioner shall not leave the jurisdictional limits of Pulpally Police Station for three months.
c. The petitioner shall not in any manner influence or intimidate the witnesses, and he shall not have any contact with the material witnesses directly or over telephone or otherwise.
B.A.No. 5282 of 2016
-4-
d. The petitioner shall not enter the revenue village where the alleged offence was committed, till the investigation process is
over.
Sd/- P.UBAID
JUDGE
ds
//True copy//
P.A. to Judge
2 issues framed by the court
Whether the accused, charged with murder and assault, should be granted regular bail.
Whether the failure to suppress the truth about injuries sustained by the petitioner is relevant to the bail plea.
4 provisions across 2 enactments
RAJAN @ RAJAN JOSEPH
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
