Allowed

Rajan a @ Nagarajan v. the State of Kerala

Kerala HC16 Mar 2017Bail Appl./571/2017

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the accused in a case involving assault causing grievous hurt. The court noted discrepancies in the prosecution's version regarding the weapon and location of the incident, finding them significant. Bail was allowed with standard conditions.

What did the court decide?

Petitioner released on interim bail subject to executing bond with two solvent sureties and complying with NC orders and other conditions.

Rajan a @ Nagarajan Vs the State of Kerala — Murder and Culpable Homicide | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

THURSDAY, THE 16TH DAY OF MARCH 2017/25TH PHALGUNA, 1938

¶5

Bail Appl.No. 571 of 2017

¶6

CRIME NO. 2232/2015 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM

¶7

PETITIONER(S)/ACCUSED:

¶8

RAJAN A. @ NAGARAJAN, AGED 34 YEARS, S/O. APPU CHETTIYAR, R.L. BHAVAN, KALLUKUTHIVILA, VENNIYOOR, NELLIVILA P.O., THIRUVANANTHAPURAM.

¶9

BY ADV. SRI.R.T.PRADEEP

¶10

RESPONDENT(S)/STATE:

¶11

THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031.

¶12

BY PUBLIC PROSECUTOR SRI.AJITH MURALI

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

msv/

¶15

K.ABRAHAM MATHEW J.

¶16

B.A.No.571 of 2017

¶17

Dated this the 16^th day of March, 2017

¶18

ORDER

¶19

Petition filed under Section 438 Cr.P.C.

¶20

The petitioner is the accused in Crime No.2232 of 2015 of Vizhinjam Police Station, Thiruvananthapuram district registered for the offences under Sections 294(b), 324 and 326 of the Indian Penal Code.

¶21

The prosecution case is that in front of the first informant's house the petitioner assaulted him with an iron rod causing him serious injuries including fracture of his skull. The learned counsel submits that the prosecution case is false and the incident actually took place inside the petitioner's house and the victim sustained injuries when he fell on the iron gate which the victim had damaged.

¶22

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

¶23

The prosecution case is that the petitioner assaulted the victim with an iron rod. There is no doubt that the victim sustained serious injuries including fracture of the skull. What he told the doctor was that the assault was with a wooden plank. But in the First Information Statement the weapon is mentioned as an iron rod. The version given in the First Information Statement may not be true. It is in this context the submission of the learned counsel that the incident happened inside the petitioner's house in a different circumstance becomes significant. So I am inclined to grant the prayer of the petitioner.

¶24

In the result, this application is allowed.

¶25

B.A.No.571 of 2017 2

¶26

The petitioner shall be released on bail after interrogation on his executing a bond for Rs.Twenty five thousand only with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

¶27

He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

¶28

He shall not get himself involved in any other criminal case while he is on bail.

¶29

He shall not intimidate or attempt to influence the witnesses.

¶30

He shall not destroy or tamper with the evidence.

¶31

He shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

¶32

If he surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

¶33

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

¶34

Sd/- K.ABRAHAM MATHEW JUDGE

¶35

cms

¶36

/True copy/ P.S.to Judge

Rajan a @ Nagarajan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Rajan a @ Nagarajan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jalajan Vs State of Kerala

Praveen Chandran Vs State of Kerala

Paulose Vs State of Kerala

Thomas Mathew Vs State of Kerala

Marathomkol Raghavan Vs State of Kerala

Faisal Vs State of Kerala