Partly allowed

Geralad v. State of Kerala

Kerala HC12 Oct 2018Bail Appl./5984/2018

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to accused Nos. 1 and 5, closing the application for them. For accused Nos. 2, 3, and 4, the Court granted bail subject to a bond of Rs. 50,000 each, conditions to cooperate with investigation, and specific conduct restrictions instead of immediate arrest.

What did the court decide?

Application closed for applicants 1 and 5. Applicants 2, 3, and 4 released on bail on execution of bond with solvent sureties and conditions.

Geralad Vs State of Kerala — Bail and Remand | 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 RAJA VIJAYARAGHAVAN V

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FRIDAY ,THE 12TH DAY OF OCTOBER 2018 / 20TH ASWINA, 1940

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Bail Appl..No. 5984 of 2018

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CRIME NO. 1065/2018 OF AROOR POLICE STATION , ALAPPUZHA

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PETITIONER/ACCUSED:

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1 GERALD AGED 25 YEARS S/O. THAMBI, VALIYAPARAMBIL HOUSE, AROOR.P.O., ALAPPUZHA, PIN-688534.

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2 STEJO K.J AGED 26 YEARS S/O.JOSEPH, KALLARAKKAL HOUSE, AROOR.P.O., ALAPPUZHA, PIN-688534.

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3 SHANU.K.S. AGED 26 YEARS S/O.SHAJI KARAKKAPRAMBIL HOUSE, AROOR.P.O., ALAPPUZHA, PIN-688534.

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4 AKHIL GEORGE AGED 26 YEARS, S/O.GEORGE PADIKAPARAMBIL HOUSE, AROOR.P.O.,

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ALAPPUZHA, PIN-688534.

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5 BIFIN AGED 22 YEARS S/O.BABU JOSEPH, KARAKKAPARAMBIL HOUSE, AROOR.P.O., ALAPPUZHA, PIN-688534.

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BY ADVS. ABOOBACKER SIDHEEQUE K. SHIJO P.J

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RESPONDENT/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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Bail Appl..No. 5984 of 2018

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2 THE SUB INSPECTOR OF POLICE, AROOR POLICE STATION, ALAPPUZHA. - 688 534

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OTHER PRESENT:

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SRI AJITH MURALI PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

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This application is filed under Section 438 of the Code of Criminal Procedure.

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Apprehending arrest and detention in Crime No.1065 of 2018 registered at the Aroor Police Station, the applicants are before this Court. They are accused of having committed offence punishable under Sections 143, 147, 148, 324, 326 r/w Section 149 of the Indian Penal Code. It is now submitted that the 1^st applicant has surrendered and the 5^th applicant has not been arrayed as an accused in the aforesaid Crime. Applicant Nos.2,3 & 4 are the accused Nos.3, 6 and 5 respectively.

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On 26.8.2018 at midnight, owing to previous enmity towards

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the de facto complainant and his friend, the 1^st accused along with 10 identifiable persons wrongfully restrained the informant near the

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Bail Appl..No. 5984 of 2018

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Ammanezham Railway over bridge and they are alleged to have attacked him causing injuries.

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4. The learned counsel appearing for the applicants submitted

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that the names of the applicant Nos.2, 3 & 4 have not been mentioned in the earlier records. The main overt acts are assigned to accused Nos.1, 2 and 7, who have already been arrested.

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The learned Public Prosecutor, on instructions, submitted that serious injuries were sustained by the de facto complainant and his friend. However, it is fairly submitted that the investigation has revealed that it was the accused Nos.1 and 2 who had inflicted injuries.

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I have considered the submissions advanced and have gone through the case diary. It appears that in the course of investigation, it was revealed that the applicants herein were in and around the scene of crime. However, the prosecution has no case that the applicants were armed with weapons or that any serious injuries were inflicted by them. In that view of that matter, the custodial interrogation of the applicants are not necessary for an effective investigation. This application insofar as the applicant Nos.1 and 5 are concerned will stand closed.

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Bail Appl..No. 5984 of 2018

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The applicant Nos.2 to 4 shall appear before the Investigating Officer within ten days from 15.10.2018 and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on

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bail on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum. However, the above order shall be subject to the following conditions:

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(i) The applicant Nos.2 to 4 shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 9 A.M and 11 A.M. for a period of two months or till final report is filed whichever is earlier.

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ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

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iii) They shall not commit any similar offence while on bail.

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In case of violation of any of the above conditions, the jurisdictional

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Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

Geralad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Geralad v. State of Kerala

Case brief

What is this about?

What did the court decide?

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