Sunil Vs. State of Kerala

Sunil vs State of Kerala

Type Court Judgment Court Kerala Decided May 16, 2014

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https://sooperkanoon.com/case/1141053

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Citation: sooperkanoon.com/1141053
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Ramakrishnan
Decided On: May 16, 2014
Subject: MRTP

Case Summary

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

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Sunil

Respondent

State of Kerala

Excerpt

.....code of criminal procedure.2. the case of the prosecution in nutshell was that on 14.04.2014 at about 9.30.00 p.m. accused persons formed themselves into an unlawful assembly with deadly weapons and with a common object of committing murder of de facto complainant, inflicted injuries on him with deadly weapons and caused grievous injuries and thereby all of them have committed the offence punishable under sections 143, 147, 148, 149, 307, 427 of indian penal code.3. the counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same and they have been falsely implicated in the case and in fact, the allegations are not sufficient to attract the offence under section 307 of indian penal code as well. they are in jail from 16.04.2014 onwards.4. the application was opposed by the public b.a.no.3160 of 2014 :2. : prosecutor on the ground that the investigation is not over. the weapons alleged to have been used by the other accused persons are yet to be recovered as others were not arrested.5. heard both sides and produced the case diary file.6. it is seen from the records that the above crime was registered on the basis of the statement given by the de facto complainant-injured against six named persons including the petitioners alleging commission of the above said offences. the petitioners were arrested on 16.04.2014 and they are in jail from that day onwards. the investigation of the case is not over. it is true that other accused persons are yet to be arrested and the weapons alleged to have been used by other accused persons are also yet to be recovered. the prosecutor had no case that petitioners have got any previous criminal background merely because other accused persons were not arrested is not a ground to deny bail to the petitioners if their custody is not required anymore in connection with the investigation. it is not known as to how much time it will take for the investigating officer to.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY,THE16H DAY OF MAY201426TH VAISAKHA, 1936 Bail Appl..No. 3160 of 2014 () ------------------------------- CRIME NO. 544/2014 OF PANDALAM POLICE STATION , PATHANAMTHITTA DISTRICT ------------------------------------ PETITIONER(S)/ACCUSED: -------------------------------------------- 1. SUNIL, AGED27YEARS,S/O.BALAKRISHNAN, SUNIL BHAVANAM, PUZHICKADU MURI, PANDALAM VILLAGE, PATHANAMTHITTA DISTRICT.

2. SIJU T.Y., AGED29YEARS,S/O.YOHANNAN, THAMARATHURATHIL VEEDU, PUZHICKADU MURI, PANDALAM VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.SHAJ RESPONDENT(S)/STATE: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COUT OF KERALA, ERNAKULAM-31 2. SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT-689 645. BY PUBLIC PROSECUTOR SRI.N.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1605-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K. Ramakrishnan, J.

============================== B.A.No.3160 of 2014 ============================== Dated this, the 16th day of May, 2014.

ORDER

This is an application for bail filed by the accused Nos.1 and 6 in Crime No.544/14 of Pandalam Police Station under Section 439 of the Code of Criminal Procedure.

2. The case of the prosecution in nutshell was that on 14.04.2014 at about 9.30.00 p.m. accused persons formed themselves into an unlawful assembly with deadly weapons and with a common object of committing murder of de facto complainant, inflicted injuries on him with deadly weapons and caused grievous injuries and thereby all of them have committed the offence punishable under Sections 143, 147, 148, 149, 307, 427 of Indian Penal Code.

3. The counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same and they have been falsely implicated in the case and in fact, the allegations are not sufficient to attract the offence under Section 307 of Indian Penal Code as well. They are in jail from 16.04.2014 onwards.

4. The application was opposed by the Public B.A.No.3160 of 2014 :

2. : Prosecutor on the ground that the investigation is not over. The weapons alleged to have been used by the other accused persons are yet to be recovered as others were not arrested.

5. Heard both sides and produced the case diary file.

6. It is seen from the records that the above crime was registered on the basis of the statement given by the de facto complainant-injured against six named persons including the petitioners alleging commission of the above said offences. The petitioners were arrested on 16.04.2014 and they are in jail from that day onwards. The investigation of the case is not over. It is true that other accused persons are yet to be arrested and the weapons alleged to have been used by other accused persons are also yet to be recovered. The Prosecutor had no case that petitioners have got any previous criminal background merely because other accused persons were not arrested is not a ground to deny bail to the petitioners if their custody is not required anymore in connection with the investigation. It is not known as to how much time it will take for the investigating officer to complete the investigation and file final report in this case.

7. Considering the period of pre-trial retention of the B.A.No.3160 of 2014 :

3. : petitioners already undergone and also considering the stage of the investigation, this court feels that bail can be granted to the petitioners with some stringent conditions. So, the application is allowed with the following conditions. 1) The petitioners shall be released on bail on executing a bond for Rs.50,000/- each with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Adoor. 2) The petitioners shall appear before the investigating officer on all Mondays and Saturdays of every month between 9 a.m and 10 a.m for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed. 3) The petitioners shall appear before the investigating officer for the purpose of interrogation as and when required in connection with the investigation in writing to do so till the final report is filed. 4) The petitioners shall not enter the jurisdiction of Pandalam Police Station except for complying condition Nos.2 and 3 without getting prior permission from the Judicial First Class Magistrate Court, Adoor till the final report is filed. B.A.No.3160 of 2014 :

4. :

5. The petitioners shall not intimidate or influence the witnesses. 6) The petitioners shall not involve in any other crime of similar nature during bail period. 7) The petitioners shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court, Adoor or from the court to which the case will be committed for trial till disposal of the case. With the above conditions, the application is allowed. Sd/- K. RAMAKRISHNAN, JUDGE. Bb [True copy] P.A to Judge

Same Court & Year Kerala · 2014 Same Parties Sunil vs State of Kerala Same Subject MRTP Same Judge Honourable Mr. Justice K.Ramakrishnan