Allowed

Ratheesh v. State of Kerala

Kerala HC24 Jan 2017Bail Appl./224/2017

Case brief

AI extract

What is this about?

This bail application was filed by accused persons 1 to 3 under Section 439(1) Cr.P.C. in a murder case. The High Court allowed the bail application, granting bail after considering the period of custody and investigation progress, subject to specific conditions.

What did the court decide?

The bail application is allowed; petitioners to be released on bond for Rs.1,00,000/- each with two solvent sureties and comply with specific conditions of appearance and restrictions.

Ratheesh Vs State of Kerala — Bail and Remand | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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TUESDAY, THE 24TH DAY OF JANUARY 2017/4TH MAGHA, 1938

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Bail Appl..No. 224 of 2017 () -----------------------------CRIME NO. 1326/2016 OF VALIYATHURA POLICE STATION, THIRUVANANDAPURAM DISTRICT

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PETITIONER(S)/ACCUSED 1 TO 3:

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1. RATHEESH,AGED 28 YEARS, S/O.VISWAMBHARAN @ MULLAN, KP 01/194, POTTAVILA, CHANALKARA, PALAPUR, MUTTAKKADU DESOM, KALLIYOOR PANCHAYAT, KALLIYOOR VILLAGE

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2. DILEEP KUMAR @ ANYAN DILEEP, AGED 25 YEARS,S/O.MADHU, VALSALYAM VEEDU, POTTAVILA, PAPPANCHANI,

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MUTTAKKADU DESOM,KALLIYOOR PANCHAYAT, KALLIYOOR VILLAGE

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3. RAJU @KUTTAPPAN,AGED 31 YEARS, S/O.SASI, KUNNATHALUMVILA VEEDU, NEAR PALAPUR LEKSHMI TEMPLE, MUTTAKKADU DESOM, KALLIYOOR PANCHAYATH, KALLIYOOR VILLAGE.

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BY ADV. SRI.R.GOPAN

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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BY PUBLIC PROSECUTOR SRI. SUMAN CHAKRAVARTHY

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.ABRAHAM MATHEW, J.

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B.A.No. 224 of 2017

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Dated this the 24^th day of January, 2017

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ORDER

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Petition filed under Section 439(1) Cr.P.C.

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Petitioners are accused 1 to 3 in Crime No.1326 of 2016 of

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Valiyathura Police Station registered for the offences under Sections 201, 302 and 427 IPC.

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They are alleged to have committed the murder of one Ratheesh after he was made to drink liquor. It is submitted that taking into consideration the period of custody and the progress made in the investigation they may be granted bail.

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Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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The third petitioner has been in custody since 31.10.2016 and the other petitioners since 1.11.2016. There has been much progress in the investigation. Releasing the petitioners on bail will not hamper the investigation. So I am inclined to grant them bail.

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In the result, this Bail Application is allowed.

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i. The petitioners shall be released on bail on their executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the lower court concerned.

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ii. They shall appear before the investigating

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B.A.No. 224 of 2017 2

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officer between 3.00 p.m and 4.00 p.m every Friday for three months, or till the final report is filed, whichever is earlier.

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iii. They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.

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iv. They shall surrender their passports before

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the lower court concerned or if they do not have one they shall file an affidavit to that effect within five days of their release.

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v. They shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

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vi) They shall not enter the local limits of Valiyathura Police Station till the final report is filed except to comply with the direction in this order or the direction of any other court.

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In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.

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K.ABRAHAM MATHEW JUDGE

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Ratheesh v. State of Kerala

Case brief

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Ratheesh v. State of Kerala

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