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Jayakumar Vs. State of Kerala

Jayakumar vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2013
~3 min read
https://sooperkanoon.com/case/1016555

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Jayakumar

Respondent

State of Kerala

Excerpt

.....one among the accused (a6) in crime no.221/2012 of ezhukone police station, the investigation of which still continues. among other penal offences, accused persons are proceeded for offences punishable under sections 326 and 307 read with section 149 of the indian penal code in the above crime.2. accused persons as members of an unlawful assembly pursuant to their common object conjointly assaulted defacto complainant with lethal weapons and caused them severe injuries. occurrence allegedly took place at about 18:15 hours on 03.04.2012 at a public place near pulimukku junction. some of the accused (a1 to a4) were arrested soon after registration of crime and present petitioner was formally arrested on 07.07.2013, after his apprehension in another crime. petitioner seeks his release on bail submitting that he is innocent and has been falsely implicated. after hearing the submissions made by learned public prosecutor also and taking note of the period of detention already suffered by petitioner, i find he can be released on bail at this stage subject to satisfaction of following conditions: b.a.no.5223 o”2. 1. petitioner shall execute a bond for rs.15,000/- (rupees fifteen thousand only) with two solvent sureties for the like sum, by each of them, to the satisfaction of judicial first class magistrate - i, kottarakkara.2. petitioner shall report before the investigating officer once in a week, on every monday at a time between 10:00 a.m. and 11:00 a.m., for a period of six weeks or till completion of investigation of crime, whichever is earlier.3. petitioner shall not leave the state for a period of six months or till completion of investigation of crime, whichever is earlier without getting prior permission from the investigating officer in writing. sd/- s.s.satheesachandran, judge //true copy// p.a to judge dg

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN TUESDAY,THE 30TH DAY OF JULY 2013 8TH SRAVANA, 1935 Bail Appl..No. 5223 of 2013 () ------------------------------------------------------ CRIME NO. 221/2012 OF EZHUKONE POLICE STATION , KOLLAM PETITIONER/ACCUSED 6 ---------------------------------------- JAYAKUMAR, AGED 2 YEARS, S/O.YESUDASAN, JAYA BHAVAN, KAITHKKODU MURI, PAVITHRASWARAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.SYAM J SAM RESPONDENT/COMPLAINANT: ------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R BY PUBLIC PROSECUTOR, SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No.5223 of 2013 ----------------------------------- Dated this the 30th day of July, 2013 ORDER Petitioner is one among the accused (A6) in Crime No.221/2012 of Ezhukone Police Station, the investigation of which still continues. Among other penal offences, accused persons are proceeded for offences punishable under Sections 326 and 307 read with Section 149 of the Indian Penal Code in the above crime.

2. Accused persons as members of an unlawful assembly pursuant to their common object conjointly assaulted defacto complainant with lethal weapons and caused them severe injuries. Occurrence allegedly took place at about 18:15 hours on 03.04.2012 at a public place near Pulimukku Junction. Some of the accused (A1 to A4) were arrested soon after registration of crime and present petitioner was formally arrested on 07.07.2013, after his apprehension in another crime. Petitioner seeks his release on bail submitting that he is innocent and has been falsely implicated. After hearing the submissions made by learned Public Prosecutor also and taking note of the period of detention already suffered by petitioner, I find he can be released on bail at this stage subject to satisfaction of following conditions: B.A.No.5223 o”

2. 1. Petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum, by each of them, to the satisfaction of Judicial First Class Magistrate - I, Kottarakkara.

2. Petitioner shall report before the investigating officer once in a week, on every Monday at a time between 10:00 a.m. and 11:00 a.m., for a period of six weeks or till completion of investigation of crime, whichever is earlier.

3. Petitioner shall not leave the State for a period of six months or till completion of investigation of crime, whichever is earlier without getting prior permission from the investigating officer in writing. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE DG

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