The Kerala High Court allowed bail to the sole accused in an assault case involving hurt and dangerous to life. The court found that investigation was practically over and the petitioner could be released on reasonable conditions.
The petitioner was released on bail by executing a bond with two solvent sureties for Rs.50,000 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
THURSDAY, THE 14TH DAY OF DECEMBER 2017/23RD AGRAHAYANA, 1939
Bail Appl..No. 8662 of 2017 ()
CRIME NO.1217/2017 OF NARACKAL POLICE STATION, NARACKAL.
PETITIONER/ACCUSED:
RAJESH, AGED 30 YEARS, S/O.RAMACHANDRAN NAIR, THEKKUMKOOTTATHIL, NJARAKKAD, THALAVOOR P.O., THALAVOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT.
BY ADV. SRI.LAVARAJ M.G.
RESPONDENT/COMPLAINANT/STATE:
S.I.OF POLICE, NARACKAL POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, PIN-682031.
BY PUBLIC PROSECUTOR SRI.B.JAYASURYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
P.UBAID, J.
============================
B.A.No.8662 of 2017
============================ Dated this the 14th day of December, 2017
ORDER
The petitioner herein is the sole accused in Crime
No.1217/2017 of Narackal Police Station registered under Sections 324, 326 and 308 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 by this Court on 10.11.2017. The petitioner has been in judicial custody since 03.10.2017.
B.A.No.8662 of 2017 2
definitely obstruct the investigation.
materials including the case diary and the report of the investigating officer, I find that investigation in this case is practically over, and that the petitioner can be now released on appropriate conditions. I find that the Investigating Officer has already questioned the material witnesses, and has collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioner in custody. However, some reasonable conditions for bail are felt necessary in the particular facts and circumstances.
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 Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the court below having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the Circle Inspector of the North Circle, Ernakulam between 10.00 a.m. and 11 a.m. on all Wednesdays for a period of two months.
b. The petitioner shall not enter the jurisdictional limits of the Narackal Police Station for two months.
B.A.No.8662 of 2017 3
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.
d. The petitioner shall not leave the
Ernakulam Revenue District till the whole investigation process is over.
Forward a copy of this order to the Circle Inspector of the North Circle, Ernakulam, who will report compliance of the conditions directly to the learned Magistrate having jurisdiction.
Sd/- P.UBAID, JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the proviso to Section 439 of the Code of Criminal Procedure operates in a case where an order in criminal appeal is inconclusive on the propriety of keeping an accused in judicial custody.
Whether the petitioner should be released on bail or continued in custody.
3 provisions across 2 enactments
RAJESH
S.I.OF POLICE, NARACKAL POLICE STATION
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
