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Rajesh Vs. State of Kerala

Rajesh vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 03, 2014
~4 min read
https://sooperkanoon.com/case/1143457

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Criminal

Case Summary

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

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Rajesh

Respondent

State of Kerala

Excerpt

.....district. offences alleged are under sections 452, 341, 323, 324, 326 and 294(b) of ipc. apprehending arrest, this petition is filed for anticipatory bail.2. it is alleged that on 22.04.2014 at 4.00 pm, the petitioner went to the house of the defacto complainant seeking permission to take j.c.b. through the property of his elder brother for the purpose of levelling the land. that was declined. so there was some wordy altercation.3. according to the petitioner his elder brother first beat him and so there was scuffle between them. the prosecution contends that the petitioner attacked his brother and when his wife intervened, she was also beaten. b.a. no. 3364 of 2014 -2- it is stated that there was dislocation of her little finger. the learned counsel for the petitioner submits that parties are near relatives and since there is possibility of settlement, this application may be allowed.4. considering all the aspects the following directions are issued: the petitioner shall surrender before the investigating officer within ten days from today. after interrogation the accused shall be produced before the learned magistrate. when applied for bail by the accused, the learned magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. the petitioner shall execute a bond for rs.25,000/- (rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned magistrate. if in case the magistrate has any doubt about the genuineness or correctness of b.a. no. 3364 of 2014 -3- the tax receipts produced by the sureties, the learned magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. the petitioner shall make himself available for interrogation by the investigating officer and shall appear before the investigating officer on all alternate wednesdays between 9.30 am to 11.30 am until further orders. c. the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN TUESDAY, THE3D DAY OF JUNE201413TH JYAISHTA, 1936 Bail Appl..No. 3364 of 2014 -------------------------------------- CRIME NO. 453/2014 OF VALAPPATANAM POLICE STATION , KANNUR ------------ PETITIONER(S)/ACCUSED: ------------------------------------- RAJESH, S/O.NARAYANAN, AGED43YEARS, KALIKKOT HOUSE, VELAKKAL, AZHEEKKAL P.O., KANNUR. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S)/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (THROUGH STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, KANNUR DISTRICT.) BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0306-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ N.K. BALAKRISHNAN, J.

------------------------------------------ B.A. No. 3364 of 2014 ------------------------------------------ Dated this the 3rd day of June, 2014 ORDER

The petitioner is the accused in Crime No. 453/2014 of Valapattanam Police Station, Kannur District. Offences alleged are under sections 452, 341, 323, 324, 326 and 294(b) of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

2. It is alleged that on 22.04.2014 at 4.00 pm, the petitioner went to the house of the defacto complainant seeking permission to take J.C.B. through the property of his elder brother for the purpose of levelling the land. That was declined. So there was some wordy altercation.

3. According to the petitioner his elder brother first beat him and so there was scuffle between them. The prosecution contends that the petitioner attacked his brother and when his wife intervened, she was also beaten. B.A. No. 3364 of 2014 -2- It is stated that there was dislocation of her little finger. The learned counsel for the petitioner submits that parties are near relatives and since there is possibility of settlement, this application may be allowed.

4. Considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of B.A. No. 3364 of 2014 -3- the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all alternate Wednesdays between 9.30 AM to 11.30 AM until further orders. c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any B.A. No. 3364 of 2014 -4- inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. The petitioner shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj

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