Partly allowed

Naveen v. State of Kerala

Kerala HC27 Jul 2018Bail Appl./4566/2018

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 Cr.P.C. regarding murder charges, the High Court of Kerala partially allowed the petition. Bail was granted to the second petitioner PRAMOD for two weeks to visit his cancer-afflicted father, subject to strict conditions. The other petitioners' applications were dismissed.

What did the court decide?

Bail granted to second petitioner for two weeks from 30.7.2018 on Rs. 1,00,000 bond with two sureties; application dismissed for other petitioners.

Naveen Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2018)

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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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FRIDAY, THE 27TH DAY OF JULY 2018 / 5TH SRAVANA, 1940

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Bail Appl..No. 4566 of 2018

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-------------------------------

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AGAINST THE ORDER IN Bail Appl. 5239/2016 of HIGH COURT OF KERALA DATED 28-10-2016 AGAINST THE ORDER IN Bail Appl. 551/2016 of HIGH COURT OF KERALA DATED 16-02-2016 (CRIME NO.321 OF 2015 OF PAVARATTY POLICE STATION, THRISSUR DISTRICT)

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PETITIONER(S):

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1 NAVEEN,

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AGED 24 YEARS,S/O.VELAYUDHAN,PATTALLY VEEDU,PUVATHOOR, NEAR AYYAPPA TEMPLE,THRISSUR DISTRICT.

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2 PRAMOD, AGED 32 YEARS,S/O.RAVI,PANIKKAN HOUSE, AYIRAMKANNI TEMPLE, VATANAPPILLY VILLAGE,THRISSUR DISTRICT.

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3 VYASYAK, AGED 30 YEARS,S/O.VINOD,MOOKOLA VEEDU,CHUKKU BAZAR, VENMANAD.P.O,THRISSUR DISTRICT.

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4 BIJU, AGED 36 YEARS,S/O.SANKARANARAYANAN,KONTHACHAN VEEDU, CHUKKU BAZAR,VENMENAD,PAVARATTY,THRISSUR DISTRICT.

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BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR

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RESPONDENT(S)/COMPLAINANT & STATE::

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

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R BY PUBLIC PROSECUTOR SRI.SAJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-072018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.ABRAHAM MATHEW, J.

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B.A.No. 4566 of 2018

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Dated this the 27^th day of July, 2018

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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, 2,4 and 6 in S.C.No.705 of 2015

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in which the allegation is that they along with the co-accused have committed various offences under the Indian Penal Code including murder. The trial court has taken up the case for trial. 69 witnesses have been examined. The petitioners have been in custody since March or April 2015. They pray that they may be granted bail taking into consideration the period of their detention.

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

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Learned Public Prosecutor submits that the trial will be over within a short time and it is not necessary to grant bail to the petitioners. I think the submission is reasonable. But the learned counsel for the petitioners submits that the father of the second petitioner is a cancer patient and he may be granted bail at least for a short period so that he may get medical assistance for his father. It is not disputed that the second petitioner's father is a cancer patient. Having regard to these facts, I am inclined to grant bail for the second petitioner for two weeks from 30.7.2018.

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B.A.No. 4566 of 2018 2

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In the result, this Bail Application is allowed in part.

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i. The second petitioner shall be

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released on bail for two weeks from 30.7.2018 on his executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

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ii. He shall not threaten witnesses nor

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shall he attempt to contact any of them directly or indirectly.

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iii. He shall not leave Thrissur District

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except for taking his father to a hospital outside Thrissur.

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iv. He shall attend the trial court unless he is exempted from appearance.

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v. He shall surrender before the trial

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court at 11.00 a.m on 13.8.2018, which shall send

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him to jail.

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The application is dismissed so far as the other petitioners are concerned.

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K.ABRAHAM MATHEW JUDGE

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Naveen v. State of Kerala

Case brief

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Naveen v. State of Kerala

Case brief

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