Allowed

Rajeesh v. State of Kerala

Kerala HC22 Mar 2022Bail Appl./812/2022

Case brief

AI extract

What is this about?

The High Court at Ernakulam granted anticipatory bail to Rajeesh, accused in a criminal case involving voluntary causing of hurt and attempted murder. The court imposed conditions including personal reporting and execution of a bond with sureties, allowing limited custody for investigation.

What did the court decide?

Petitioner to be released on bail subject to conditions including bond with sureties, personal reporting, and not interfering with investigation or witnesses.

Rajeesh Vs State of Kerala — Cheating and Forgery | 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 MR. JUSTICE GOPINATH P.

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TUESDAY, THE 22^ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944

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BAIL APPL. NO. 812 OF 2022

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Crime No.1105/2021 of Koduvally Police Station

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PETITIONER/ACCUSED:

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RAJEESH AGED 36 YEARS KURUKKAN KUNNUMMAL HOUSE, NARIKKUNI, NARIKKUNI VILLAGE KOZHIKODE, PIN - 673585

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BY ADVS. B.MUHAMMED SHAHEEL POOJA PANKAJ

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RESPONDENT:

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

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BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SRI. M.C. ASHI (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.812/2022

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O R D E R

The petitioner is the accused in Crime No.1105/2021 of Koduvally Police Station, Kozhikode District alleging the commission of offences under Sections 323, 324, 308, 294 (b) and 506 of the Indian Penal Code.

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The allegation against the petitioner is that on 04-12-2021 at about 2.20 p.m the petitioner attacked the de facto complainant with a knife when the de facto complainant tried to protect his brother from the attack by the accused. It is alleged that the de facto complainant suffered serious injuries on his abdomen due to the stab by the accused using a knife.

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The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner and the de facto complainant are neighbours and there is an outstanding property dispute between them. It is submitted that actually the petitioner and his friends were brutally attacked by the de facto complainant and others. Reference is made to Annexures-A3 to A5 in this regard. It is submitted that any injury caused to the de facto complainant in this case is only on account of the fact that they had attacked the petitioner and the petitioner had tried to defend himself.

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The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appear from the record are pointed out to show that there are serious allegations against the petitioner. It is submitted that a fairly

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B.A. No.812/2022

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serious injury has caused to the de facto complainant owing to the stab by the petitioner and the petitioner is not entitled to anticipatory bail. The learned Public Prosecutor has also points out that there is a criminal antecedent reported against the petitioner in as much as he is accused in Crime No.14/2019 alleging commission of offences under Section 448, 323, 324 read with Section 34 of the IPC.

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The learned counsel for the petitioner submits that the allegations against the petitioner in the case now reported as a criminal antecedent are all bailable offences and the petitioner is also innocent in the matter.

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Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions. In order to ensure an effective investigation a limited custody of the petitioner will be available to the prosecution.

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In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.1105/2021 of Koduvally Police Station subject to the following conditions:-

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(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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B.A. No.812/2022

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(ii) Petitioner shall report before the Investigating officer in Crime No.1105/2021 of Koduvally Police Station at 10 a.m on 30-03-2022, 31-032022 and 01-04-2022 and thereafter as and when called upon to do so;

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(iii) Petitioner shall not interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.1105/2021 of Koduvally Police Station;

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(iv) Petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1105/2021 of Koduvally Police Station may file an application before the jurisdictional Court for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

AMG

B.A. No.812/2022

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APPENDIX OF BAIL APPL. 812/2022

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PETITIONER ANNEXURES

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Annexure1 THE TRUE COPY OF THE FIR IN CRIME NO. 1105/2021 OF KODUVALLY POLICE STATION, KOZHIKODE DISTRICT Annexure2 THE TRUE COPY OF THE ORDER IN CRIMINAL MISCELLANEOUS CASE NO. 1779/2021 DATED 11.01.2022 OF THE ADDITIONAL SESSIONS JUDGE-V, KOZHIKODE Annexure3 THE TRUE COPY OF THE EMERGENCY OUT PATIENT CARD DATED 04.12.2021 ISSUED FROM GOVT. MEDICAL COLLEGE KOZHIKODE Annexure4 THE TRUE COPY OF THE DISCHARGE CARD Annexure5 THE TRUE COPY OF THE OUT PATIENT CARD DATED 10.12.2021 ISSUED FROM GOVT. MEDICAL COLLEGE KOZHIKODE

Rajeesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajeesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

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