RejIn Vs. State of Kerala

Rejin vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 26, 2014

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https://sooperkanoon.com/case/1132324

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Citation: sooperkanoon.com/1132324
Court: Kerala High Court
Judge: Honourable Mr.Justice M.L.Joseph Francis
Decided On: Feb 26, 2014
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Rejin

Respondent

State of Kerala

Excerpt

.....station, for the offences under sections 143, 147, 148, 149, 323, 326 of the indian penal code and section 27 of the arms act. the allegation of the prosecution is that due to an enemity in a civil case pending between the mother-in-law of the de-facto complainant and the petitioners herein, they formed themselves into an unlawful assembly to attack the de-facto complainant and in furtherance of the common object on 17.9.2013 at about 11 a.m., attacked the de-facto complainant and another with sword and wooden log while he was coming in front of the petitioner's house b.a.1346/2014 :2: causing serious injury to the de-facto complainant and another. petitioner nos.1, 2 and 4 are the sons of the third petitioner and 5th petitioner is their close relative, who resides nearby.2. the learned counsel for the petitioners submitted that the third petitioner has filed o.s. no.85 of 2012 before the munsiff court, nedumangad for restraining the de-facto complainant in crime no.930 of 2013 and others from trespassing into the petitioner's property and committing waste and status quo has been ordered by the court vide i.a. no.456 of 2012. o.s. no.771 of 2013 filed by the third petitioner's mother against the de-facto complainant in fir is also pending and in i.a. no.4067 of 2012 the munsiff court, nedumangad granted injunction against the de-facto complainant and others. the learned public prosecutor opposes the anticipatory bail application. considering the facts and circumstances of the case, i am of the view that the arrest and detention of the petitioners is not required for the purpose b.a.1346/2014 :3: of the investigation. hence this bail application is allowed. it is hereby directed that in the event of arrest of the petitioners in connection with the above case, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the officer effecting arrest. the petitioners are directed to appear before.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE26H DAY OF FEBRUARY20147TH PHALGUNA, 1935 Bail Appl..No. 1346 of 2014 () ------------------------------- CRIME NO. 930/2013 OF KATTAKADA POLICE STATION , THIRUVANANTHAPURAM CRL.M.C.2412/2013 ADDL.SESSIONS COURT, THIRUVANANTHAPURAM PETITIONERS/ACCUSED NO.1 TO5 -------------------------------------------------- 1.REJIN, AGED30YEARS S/O.ANSALAM, MEKKUMKARA PUTHEN VEEDU, MANNORKARA PARUTHIPALLY P.O., THIRUVANANTHAPURAM DISTRICT.

2. REJITH, AGED28YEARS S/O.ANSALAM, MEKKUMKARA PUTHEN VEEDU, MANNORKARA PARUTHIPALLY P.O., THIRUVANANTHAPURAM DISTRICT.

3. ANSALAM, S/O.LAURANCE, AGED53YEARS MEKKUMKARA PUTHEN VEEDU, MANNORKARA, PARUTHIPALLY P.O. THIRUVANANTHAPURAM DISTRICT.

4. AJITH S/O.ANSALAM, AGED32YEARS MEKKUMKARA PUTHEN VEEDU, MANNORKARA, PARUTHIPALLY P.O. THIRUVANANTHAPURAM DISTRICT.

5. SHINU, SHINI BHAVAN, AGED26YEARS MANNORKARA, PARUTHIPALLY P.O. THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.SHANAVAS.S SRI.SALIM V.S. SRI.H.NUJUMUDEEN RESPONENTS/COMPLAINANTS: -------------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KATTAKKADA POLICE STATION THIRUVANANTHAPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R BY PUBLIC PROSECUTOR, SHRI V S SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2602-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Bail Application No.1346 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of February 2014 ORDER

The petitioners are accused Nos.1 to 5 in Crime No.930 of 2013 of Kattakkada police station, for the offences under Sections 143, 147, 148, 149, 323, 326 of the Indian Penal Code and section 27 of the Arms Act. The allegation of the prosecution is that due to an enemity in a civil case pending between the mother-in-law of the de-facto complainant and the petitioners herein, they formed themselves into an unlawful assembly to attack the de-facto complainant and in furtherance of the common object on 17.9.2013 at about 11 a.m., attacked the de-facto complainant and another with sword and wooden log while he was coming in front of the petitioner's house B.A.1346/2014 :2: causing serious injury to the de-facto complainant and another. Petitioner Nos.1, 2 and 4 are the sons of the third petitioner and 5th petitioner is their close relative, who resides nearby.

2. The learned counsel for the petitioners submitted that the third petitioner has filed O.S. No.85 of 2012 before the Munsiff Court, Nedumangad for restraining the de-facto complainant in Crime No.930 of 2013 and others from trespassing into the petitioner's property and committing waste and status quo has been ordered by the court vide I.A. No.456 of 2012. O.S. No.771 of 2013 filed by the third petitioner's mother against the de-facto complainant in FIR is also pending and in I.A. No.4067 of 2012 the Munsiff Court, Nedumangad granted injunction against the de-facto complainant and others. The learned Public Prosecutor opposes the anticipatory bail application. Considering the facts and circumstances of the case, I am of the view that the arrest and detention of the petitioners is not required for the purpose B.A.1346/2014 :3: of the investigation. Hence this bail application is allowed. It is hereby directed that in the event of arrest of the petitioners in connection with the above case, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the officer effecting arrest. The petitioners are directed to appear before the Investigating Officer as and when required. It is made clear that if the petitioners surrender before the Judicial First Class Magistrate having jurisdiction, within 30 days from today, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate. In that case also, the petitioners are directed to appear before the Investigating Officer as and when required. Sd/- M. L. JOSEPH FRANCIS, (JUDGE) dl // TRUE COPY // PA TO JUDGE

Same Court & Year Kerala · 2014 Same Parties Rejin vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice M.L.Joseph Francis