Partly allowed

Sreerag v. State of Kerala

Kerala HC12 Nov 2018Bail Appl./7348/2018

Case brief

AI extract

What is this about?

A three-member High Court bench granted pre-arrest bail to the second and third accused persons in a criminal assault case subject to specific conditions, but rejected the bail application of the first accused who was deemed to have prior criminal antecedents and involvement with the weapon.

What did the court decide?

Bail applied for by the second and third accused was granted subject to strict conditions; bail applied for by the first accused was rejected.

Sreerag 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 SUNIL THOMAS

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MONDAY ,THE 12TH DAY OF NOVEMBER 2018 / 21ST KARTHIKA, 1940

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Bail Appl..No. 7348 of 2018

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CRIME NO. 1103/2018 OF THALAYOLAPARAMBU POLICE STATION , Kottayam

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PETITIONER/A1 TO A3:

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1 SREERAG, AGED 21 YEARS S/O SANTHOSH, PADINJARE PEEDIKATHARAYIL, THOTTAKAM.P.O, VAIKOM, KOTTAYAM DISTRICT.

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2 ANANTHU, AGED 23 YEARS S/O.MURALI,KAROTTATHARAYIL HOUSE,VADAKARA.P.O,THALAYOLAPARAMBU,KOTTAYAM DISTRICT.

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3 NAVEEN BABU, AGED 20 YEARS S/O.BABU,KAROTTATHARAYIL HOUSE,VADAKARA.P.O,THALAYOLAPARAMBU,KOTTAYAM DISTRICT.

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BY ADVS. SRI.SHAJIN S.HAMEED SRI.A.K.RAJESH

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED THROUGH THE SUB-INSPECTOR OF POLICE, THALAYOLAPARAMBU POLICE STATION, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM.

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OTHER PRESENT:

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PP AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA No. 7348/2018

O R D E R

Petitioners herein are arrayed as accused Nos. 1 to 3 in Crime1103/2018 of Thalayolaparambu police station, for offences punishable under sections 294(b), 324, 341 & 308 read with section 34 IPC.

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Allegation of the prosecution is that, on 20/10/2018 at about 4.30.p.m.,while the defacto complainant and his friends were travelling in a motorcycle, the third accused came in another motor bike, in which the first accused was a pillion rider. . Scuffle occurred and it is alleged that the first accused hit the defacto complainant with a helmet. When the defacto complainant fell down, the petitioners herein allegedly stabbed the defacto complainant and his friends using a knife. One person was stabbed twice and the other person once. Both were rushed to the hospital and crime was registered.

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It is reported that, the first accused is involved in several crimes and the third accused is involved in two crimes. The second accused has no criminal antecedents. Specific overtact of using the weapon is seen attributed to the first accused. Hence, the first accused is not entitled to the benefit of pre arrest bail.

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Considering the above facts, I am inclined to grant the benefit of pre

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BA No. 7348/2018

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arrest bail to petitioners 2 and 3, who are accused Nos. 2 and 3, subject to the following conditions:

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(i). Petitioners 2 and 3 shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on each of the petitioner executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two sureties for the like sum each.

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ii). They shall surrender their passport within one week from the execution of the bond and if they are not in possession of the passport, file an affidavit to that effect.

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iii). They shall appear before the Investigating officer on all Mondays between 9.00 a.m. and 10.00 a.m. for a period of two months from the date of execution of the bond.

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(iv). They shall not threaten, coerce or intimidate the defacto complainant and witnesses.

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v). They shall not get involved in any other offence.

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Bail application of the first petitioner, who is the first accused, is rejected.

Sd/-

SUNIL THOMAS

JUDGE

dpk

Sreerag v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreerag v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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