Raveendran Vs. State of Kerala

Raveendran vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 07, 2013

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https://sooperkanoon.com/case/1094430

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Citation: sooperkanoon.com/1094430
Court: Kerala High Court
Judge: Honourable Mr.Justice P.Bhavadasan
Decided On: Oct 07, 2013
Subject: Criminal

Case Summary

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

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Raveendran

Respondent

State of Kerala

Excerpt

.....into the house of the accused persons who are petitioners herein and had picked up quarrel with them.3. considering the nature of allegations against the petitioners, the manner in which the offence was committed etc., it is felt that this is a fit case where extraordinary jurisdiction of this court needs to be exercised in favour of the petitioners. the petition is allowed as follows:1. petitioners shall surrender before the investigating officer on or before 11.10.2013, who, after interrogation, shall produce them before the jfcm court concerned, which court, on an application for bail being moved by the petitioners shall release them on bail on each of them executing a bond for a sum of ` 10,000/- (rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court. b.a. no.6415/2013 -3- 2) the court concerned shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. 3) petitioners shall appear before the investigating officer on every wednesday between 9.00 am to 10.00 am until further orders. 4) petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. 5) if any of the conditions is violated, the bail granted shall stand cancelled and the court concerned, of being satisfied of the said fact, may take such proceedings as are available in law. p.bhavadasan judge ds

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY,THE7H DAY OF OCTOBER201315TH ASWINA, 1935 Bail Appl..No. 6415 of 2013 () --------------------------------------- CRIME NO. 1267/2013 OF MANNARKKAD POLICE STATION , PALAKKAD ------------------ APPLICANTS/ACCUSED NOS. 1 TO4 ---------------------------------------------------- 1. RAVEENDRAN, AGED54YEARS, S/O. KALARMANNIL RAMAN ASARI, CHOORIYODE, THACHAMPARA P.O., MANNARKKAD, PALAKKAD.

2. RAJAMMA, AGED50YEARS, W/O. RAVEENDRAN, CHOORIYODE, THACHAMPARA P.O. MANNARKKAD, PALAKKAD.

3. NIKHIL, AGED20YEARS, S/O. RAVEENDRAN, CHOORIYODE, THACHAMPARA P.O. MANNARKKAD, PALAKKAD.

4. RAVI, AGED47YEARS, S/O. KUTTAPPAN, MANAVATH HOUSE, EDAKKURSSI, KARIMBA P.O., MANNARKKAD, PALAKKAD. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/COMPLAIANANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0710-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6415 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 07th day of October, 2013

ORDER

Shorn of unnecessary details with respect to an incident which occurred on 18.09.2013, two crimes have been registered namely Crime Nos. 1266 of 2013 and 1267 of 2013.

2. Petitioners are the accused in Crime No.1267 of 2013 of Mannarghat Police Station who are alleged to have committed the offences punishable under Sections 341, 323, 324, 326, 354 read with Section 34 of the Indian Penal Code. It is interesting to note that in the FIR in Crime No. 1266 of 2013of Mannarghat Police Station, the offences attributed are 143, 147, 148, 452, 323, 308 and 294(b) read with Section 149 of IPC. It is significant to notice that the accused in 1267 of 2013 are complainants in Crime No.1266 of 2013. Going by the offences shown in both the crimes, it would appear that the victim in Crime No. 1267 of 2013 had B.A. No.6415/2013 -2- trespassed into the house of the accused persons who are petitioners herein and had picked up quarrel with them.

3. Considering the nature of allegations against the petitioners, the manner in which the offence was committed etc., it is felt that this is a fit case where extraordinary jurisdiction of this Court needs to be exercised in favour of the petitioners. The petition is allowed as follows:

1. Petitioners shall surrender before the Investigating Officer on or before 11.10.2013, who, after interrogation, shall produce them before the JFCM court concerned, which court, on an application for bail being moved by the petitioners shall release them on bail on each of them executing a bond for a sum of ` 10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court. B.A. No.6415/2013 -3- 2) The court concerned shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. 3) Petitioners shall appear before the Investigating Officer on every Wednesday between 9.00 am to 10.00 am until further orders. 4) Petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. 5) If any of the conditions is violated, the bail granted shall stand cancelled and the court concerned, of being satisfied of the said fact, may take such proceedings as are available in law. P.BHAVADASAN JUDGE ds

Same Court & Year Kerala · 2013 Same Parties Raveendran vs State of Kerala Same Subject Criminal Same Judge Honourable Mr.Justice P.Bhavadasan