Allowed

Rohithkumar Rajesh v. State of Kerala

Kerala HC11 Feb 2022Bail Appl./308/2022

Case brief

AI extract

What is this about?

This bail application under Section 438 Cr.P.C. was admitted and granted anticipatory bail to the petitioner, the first accused in a prosecution for trespass and assault, subject to specific conditions.

What did the court decide?

Grant of pre-arrest anticipatory bail on conditions: surrender by 16.02.2022; bond of Rs. 25,000 with two sureties if arrested; no tampering with evidence or witnesses; no further offenses.

Rohithkumar Rajesh Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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FRIDAY, THE 11^TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943

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BAIL APPL. NO. 308 OF 2022

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(Crime No.1572 of 2021 of Chingavanam Police Station)

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PETITIONER/1ST ACCUSED:

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ROHITHKUMAR RAJESH AGED 19 YEARS S/O. RAJESH, PEEDIKAPARAMBIL HOUSE, NEAR S.N.D.P MANDIRAM, SACHIVOTHAMAPURAM P.O, KURICHY VILLAGE, KOTTAYAM DISTRICT, PIN - 686532

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BY ADVS. M.P.MADHAVANKUTTY MATHEW DEVASSI

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RESPONDENT/COMPLAINANT:

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

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OTHER PRESENT:

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SMT. C. SEENA – PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.A No.308 of 2022

SOPHY THOMAS, J.

Bail Application No.308 of 2022

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Dated this the 11^th day of February, 2022

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O R D E R

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This is an application for anticipatory bail under Section 438 Cr.P.C.

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The petitioner is the 1^st accused in Crime No.1572 of 2021 of Chingavanam Police Station, registered under Sections 452, 294(b), 324 read with Section 34 of IPC.

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The prosecution allegation is that, on 03.10.2021, at

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about 2.30 p.m, the petitioner and two other accused persons trespassed into the rented house of the de facto complainant and

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assaulted him using sticks.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor.

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The petitioner is the 1^st accused, and the allegation against him is that, he trespassed into the house of the de facto complainant and assaulted him using a wooden piece. The petitioner is a 19 year old boy having no criminal antecedents.

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B.A No.308 of 2022

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Learned counsel for the petitioner submitted that, a crime was registered against the de facto complainant earlier as Crime No.1571 of 2021, for molesting the sister of the petitioner. He is ready to abide by any condition imposed by this Court.

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Learned Public Prosecutor produced report of the Investigating Officer which shows that accused Nos.2 and 3 were already arrested and released on bail. Recovery of the weapon is also effected.

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The only non bailable offence alleged against the petitioner is under Section 452 of IPC. No criminal antecedents are reported against him. Crime No.1571 of 2021 is registered against the de facto complainant for molesting the sister of the petitioner.

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Considering all the above facts, this Court is inclined to release the petitioner on pre arrest bail, on the following conditions:

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i) The petitioner is directed to surrender before the Investigating Officer on or before 16.02.2022. The Investigating Officer can collect all materials and evidence within his knowledge which are relevant for the investigation.

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B.A No.308 of 2022

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(ii) In the event of arrest, he shall be released on bail on executing bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer.

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(iii) The petitioner shall appear before the Investigating Officer as and when required by the Investigating Officer.

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(iv) He 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 from disclosing such facts to the court or to any police officer.

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(v) He shall not tamper with the evidence.

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(vi) He shall not commit any offence while on bail.

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

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Jurisdictional Magistrate is empowered to cancel the bail, in accordance with law.

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Sd/-

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SOPHY THOMAS JUDGE

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smp

Rohithkumar Rajesh v. State of Kerala

Case brief

What is this about?

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Rohithkumar Rajesh v. State of Kerala

Case brief

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