Allowed

Rajan T.V v. State of Kerala

Kerala HC28 Feb 2024Bail Appl./1446/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 CrPC for accused No.1 alleged of trespassing and assaulting a complainant with intent to kill. Investigation nearly complete and co-accused already on bail; court found continued detention unnecessary and granted bail with conditions including bond, weekly appearance before investigating officer, and no contact with witnesses.

What did the court decide?

Applicant to be released on bail on executing a bond of Rs.1,00,000 with two solvent sureties, subject to conditions including co-operation with investigation and weekly appearance before the investig

Rajan T.V Vs State of Kerala — Bail and Remand | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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WEDNESDAY, THE 28^TH DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945

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BAIL APPL. NO. 1446 OF 2024

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CRIME NO.1210/2023 OF Peringome Police Station, Kannur AGAINST THE ORDER Bail Appl. 10829/2023 OF HIGH COURT OF

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KERALA

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PETITIONER/ACCUSED NO.1:

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RAJAN T.V AGED 59 YEARS S/O BALAN, THAIVALAPPIL (H), CHARALPALLA, ERAMAM AMSOM, MATHAMANGALAM P.O, PAYYANNUR TALUK, KANNUR DISTRICT, PIN - 670306

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BY ADVS. B.MUHAMMED SHAHEEL NICHOLAS JOSEPH R.N.SANDEEP KEERTHI VIJAYAN ATHIRA UTHAMAN

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RESPONDENT/COMPLAINANT:

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

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ADV ALEX M THOMBRA-SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.1446/2024

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O R D E R

Dated this the 28^th day of February, 2024

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This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

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The applicant is the accused No.1 in Crime No.1210/2023 of Peringome Police Station. The offences alleged are punishable under Sections 341, 447, 427, 294(b), 506, 307 r/w 34 of the Indian Penal Code.

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The prosecution case, in short, is that on 11/11/2023

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at 19.45 hours, the applicant along with accused Nos.2 and 3 trespassed into the compound of the house of the defacto complainant, assaulted him with the intention to kill him and thereby committed the aforesaid offences as alleged.

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I have heard Sri.B.Muhammed Shaheel, the learned counsel for the applicant and Sri.Alex M.Thombra, the learned Senior Public Prosecutor. Perused the case diary.

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The learned counsel for the applicant submitted that

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BA No.1446/2024

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the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

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The applicant had moved an anticipatory bail application before this Court. This court dismissed the said application with a direction to the applicant to surrender before the Investigating Officer within two weeks. Accordingly, the applicant surrendered before the Investigating Officer. When he was produced before the jurisdictional Magistrate, he was remanded to custody on 12/2/2024. Since then, he is in judicial custody. Accused Nos.2 and 3 are already on bail. It is submitted that the investigation is almost over. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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BA No.1446/2024

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In the result, the application is allowed on the following conditions: -

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(i) The applicant shall be released on bail on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent

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sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

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(ii) The applicant shall fully co-operate with the investigation.

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(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.

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(iv) The applicant shall not commit any offence of a like nature while on bail.

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(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in

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any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

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(vi) The applicant shall not leave the State of Kerala

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BA No.1446/2024

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without the permission of the trial Court.

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(vii) The application, if any, for deletion/modification of the

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bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

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Sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

BA No.1446/2024

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APPENDIX OF BAIL APPL. 1446/2024

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PETITIONER ANNEXURES

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Annexure A1 THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN BA NO. 10829/2023 DATED 31.01.2024 Annexure A2 THE TRUE COPY OF THE ORDER DATED 13.02.2024 IN C.M.P. NO. 1209/2024 PASSED BY THE HON'BLE JUDICIAL FIRSTCLASS MAGISTRATE COURT, PAYYANNUR Annexure A3 THE TRUE COPY OF THE FIR IN 1219/2023 OF PERINGOME POLICE STATION DATED 15.11.2023 Annexure A4 THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN BA. NO. 10521/2023 DATED 01.12.2023

Rajan T.V v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajan T.V v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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