Allowed

Renjith v. State of Kerala

Kerala HC22 Aug 2016Bail Appl./5930/2016

Case brief

AI extract

What is this about?

In a bail application, the High Court of Kerala, dismissing the earlier order of refusal by the Magistrate, granted bail to the petitioner, 3rd accused in a case involving assault and attempted murder. Bail was granted on stringent conditions including security deposit and restrictions on movement and witness contact.

What did the court decide?

Bail granted on bonds with two sureties of Rs. 1 Lakh each, security deposit of Rs. 15,000, and strict conditions regarding movement, reporting, and witness interaction.

Renjith Vs State of Kerala — Murder and Culpable Homicide | 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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MONDAY, THE 22ND DAY OF AUGUST 2016/31ST SRAVANA, 1938

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Bail Appl..No. 5930 of 2016 () -------------------------------

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CRIME NO. 2030/2014 OF ERAVIPURAM POLICE STATION, KOLLAM DISTRICT

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PETITIONER(S)/3RD ACCUSED :

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RENJITH, AGED 30 YEARS, S/O. RAJENDRAN, SANTHINI NIVAS, MANGANAM CHERRY, PANTHALAM VILLAGE, ADOOR.

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BY ADVS.SRI.K.SIJU SMT.S.SEETHA

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RESPONDENT(S):

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STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SMT.R. REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P. UBAID, J

B.A.Nos.5930 of 2016

Dated this the 22^nd day of August, 2016

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O R D E R

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The petitioner herein is the 3^rd accused in Crime No.2030/2014 of the Eravipuram Police Station, registered under Sections 143, 147, 148, 341, 323, 324, 307 and 50(ii) read with 149 IPC, 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 learned Judicial First Class Magistrate CourtII, Kollam, on 14.07.2016. The petitioner has been in judicial custody since 10.07.2016.

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The prosecution case is that at about 11.30 pm on 24.12.2014, a gang of five persons including the petitioner herein assaulted the defacto complainant, and inflicted injuries on his body with weapons like sword, iron rod, dagger etc., in an attempt on his life, due to some previous enmity. The first accused surrendered before the police on 26.03.2015, and the accused Nos.1 and 4 were arrested on 14.03.2016 and 02.01.2015 respectively, by the police. They are now on regular bail. The 5^th accused is yet to be located and arrested.

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B.A.Nos.5930 of 2016

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On a perusal of the medical documents in the name of the defacto complainant, I find that he had sustained some injuries on the various parts of his body. Anyway, on a perusal of the case diary, I find that investigation is practically over, and the police has collected the required materials for a prosecution, on the given allegations. What remains is the arrest of the 5^th accused. In the above situation, bail can be granted to this petitioner also, on conditions. This is a crime of 2014, and now we are at the end of August, 2016.

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In the result, this bail application is allowed. The petitioner will be released on bail, on his executing bond with two solvent sureties for Rs.1 Lakh each to the satisfaction of the learned Magistrate having jurisdiction. 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 Saturdays for a period of two months.

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b. The petitioners shall not leave the jurisdictional limits of Eravipuram Police Station for three months.

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

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B.A.Nos.5930 of 2016

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with the material witnesses directly or over telephone or otherwise.

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d. The petitioners shall not enter the revenue village where the house of the victim is situated, till trial of the case is over, unless otherwise permitted by the trial court in due course, for sufficient reasons.

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e. The petitioner shall surrender his passport before

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the learned Magistrate within seven days from the date of release. If he has no passport, an affidavit to that effect shall be filed.

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f. The petitioner shall make a security deposit of Rs.15,000/- (Rupees Fifteen Thousand only) in the court below as a further condition for bail. The amount of security deposit will be released on conclusion of trial. It will be subject to forfeiture in case of absence during trial without sufficient reason.

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g. The petitioner shall not, in any manner, obstruct the arrest of the 5^th accused.

Sd/-

P.UBAID, JUDGE

// True Copy //

P.A. to Judge

Renjith v. State of Kerala

Case brief

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Renjith v. State of Kerala

Case brief

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