Allowed

Ratheesh v. State of Kerala

Kerala HC7 Jan 2016Bail Appl./8456/2015

Case brief

AI extract

What is this about?

In a bail application under BA No. 8456 of 2015, the High Court of Kerala discharged three accused facing charges for assault and molesting under Sections 341, 323, and 354(B) IPC. The court granted pre-arrest bail, directing no warrantless interrogation and imposing surety bonds and non-harassment conditions.

What did the court decide?

Pre-arrest bail granted subject to condition of appearing before the investigating officer within ten days, executing a bond of Rs. 40,000 with two sureties, and refraining from intimidation.

Ratheesh Vs State of Kerala — Caste Atrocities | 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 SUNIL THOMAS

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THURSDAY, THE 7TH DAY OF JANUARY 2016/17TH POUSHA, 1937

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Bail Appl..No. 8456 of 2015 () ------------------------------CRIME NO. 1840/2015 OF VADAKKANCHERRY POLICE STATION, PALAKKAD

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PETITIONERS:

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1. RATHEESH.S, AGED 34 YEARS S/O.CHATHI, PAYYAKUNDU ANJUMURTHI MANGALAM, ALLATHUR TALUK 678 682.

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2. SURESH AGED 30 YEARS S/O.KARUPPAN, PAYYAKUNDU ANJUMURTHI MANGALAM ALLATHUR TALUK 678 682.

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3. SURESH AGED 30 YEARS S/O.PAZHANNI, PAYYAKUNDU, ANJUMURTHI MANGALAM ALLATHUR TALUK, 678 682.

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BY ADV. SRI.A.P.SUBHASH

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RESPONDENT:

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STATE OF KERALA 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 BEEN FINALLY HEARD ON 07-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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

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B.A.No.8456 of 2015

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

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Dated this the 7^th day of January, 2016

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ORDER

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Petitioners are the accused Nos.1 to 3 in Crime No.1840 of 2015 of Vadakkancherry Police Station for offence punishable under Sections 341, 323, 354(B) r/w Section 34 of the Indian Penal Code.

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The allegation of the prosecution is that on 25.10.2015 at about 4 p.m. accused assaulted the de facto complainant and his wife and in the course of the incident, the first petitioner pulled the churidar of the wife of the de facto complainant with the intention to disrobe. Based on the complaint, crime was registered and the police is investigating. Apprehending arrest, petitioner has sought pre-arrest bail.

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Heard and examined the records.

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Learned counsel for the petitioners submitted that in

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fact another incident had happened at 4 p.m. on the same day, in which the de facto complainant herein and others attacked the petitioners herein using iron rod. They sustained injury and pursuant to it crime No.1839 of 2015 of Vadakkancherry Police Station for offences punishable under Sections 341, 323, 324, 294(b) r/w Section 3(i)(x) of SC/ST (Prevention of Atrocities) Act

B.A.8456/15

1989 was registered.

The non-bailable offence in this case is one under Section 354(B) of the IPC. Essentially, the matters are to be proved by the oral evidence of the de facto complainant and victim. Custodial interrogation for that limited purpose is not warranted. Hence, I am inclined to grant bail, subject to the following conditions.

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(i) Each of the petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If they are proposed to be arrested, they shall be released on bail, on each of the petitioner executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties each for the like sum each.

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(ii) They shall appear before the Investigating Officer as and when required.

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(iii) They shall not get involved in any other identical offences and shall not threaten, coerce or intimidate the de facto complainant and his witnesses.

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The bail application is allowed as above.

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Sd/- SUNIL THOMAS Judge

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Sbna 6/1/16

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True Copy

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P A to Judge

Ratheesh v. State of Kerala

Case brief

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Ratheesh v. State of Kerala

Case brief

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