Niranjan Babu Vs. State of Kerala

Niranjan Babu vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 11, 2014

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https://sooperkanoon.com/case/1156286

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Citation: sooperkanoon.com/1156286
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Abraham Mathew
Decided On: Jul 11, 2014
Subject: MRTP

Case Summary

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

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Niranjan Babu

Respondent

State of Kerala

Excerpt

.....alleged that the petitioner and the other accused are responsible for the commission of the offences by the first accused.3. the learned counsel for the petitioner submits b.a. no.5072 of 2014 -2- that there is no evidence to show that the petitioner has committed any offence.4. heard the learned counsel for the petitioner and the learned public prosecutor.5. the suicide note of the first accused indicates that the illicit relationship between his wife and the second accused caused disappointment to him and that was the main reason for his committing the offences. as of now, there is no strong evidence against the petitioner. so accused nos. 3, 5 and 6 have already been granted anticipatory bail. the petitioner also is entitled to get an order under section 438 cr.p.c. in the result, this application is allowed. 1) the petitioner shall be released on bail on his executing a bond for rs.25,000/- (rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the police in connection with this case. 2) he shall appear before the investigating officer for b.a. no.5072 of 2014 -3- interrogation if he is so required by him in writing. 3) he shall not destroy or tamper with evidence. 4) this order is not applicable if the petitioner chooses to surrender before the magistrate concerned and in such case the learned magistrate may take appropriate action in accordance with the law. sd/- k. abraham mathew judge //true copy// p.a. to judge shg/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE11H DAY OF JULY201420TH ASHADHA, 1936 Bail Appl..No. 5072 of 2014 --------------------------------------- CRIME NO. 533/2014 OF MANNANTHALA POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------------ PETITIONER / 4TH ACCUSED : -------------------------------------------- NIRANJAN BABU, AGED29YEARS, S/O.N.R.JAGAN BABU, NAMBOOTHIRIMADOM, T.C.6/276, NRA NO.12, NETHAJI ROAD, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM - 695 013. BY ADV. SRI.AYYAPPAN SANKAR RESPONDENTS : ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. CIRCLE INSPECTOR OF POLICE, PEROORKADA CIRCLE, PEROORKADA, THIRUVANANTHAPURAM - 695 596.

3. SUB INSPECTOR OF POLICE, MANNANTHALA POLICE STATION, MANNANTHALA, THIRUVANANTHAPURAM - 695 286. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1107-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.5072 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2014 ORDER

Petition filed under Section 438 Cr.P.C. The petitioner is the fourth accused in crime No.533/2014 of Mannanthala Police Station, which has been registered for the offences under Sections 302, 306, 307, 309 and 34 IPC. The 7th accused is the wife of the first accused. There was illicit relationship between her and the second accused in this case, who is her colleague. Accused Nos. 3 and 5 are also their colleagues.

2. On 25.05.2014 the first accused administered poison to his mother and three minor children. Thereafter, he consumed poison with intent to commit suicide. Two of the children died. The mother and one child survived. It is alleged that the petitioner and the other accused are responsible for the commission of the offences by the first accused.

3. The learned counsel for the petitioner submits B.A. No.5072 of 2014 -2- that there is no evidence to show that the petitioner has committed any offence.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The suicide note of the first accused indicates that the illicit relationship between his wife and the second accused caused disappointment to him and that was the main reason for his committing the offences. As of now, there is no strong evidence against the petitioner. So accused Nos. 3, 5 and 6 have already been granted anticipatory bail. The petitioner also is entitled to get an order under Section 438 Cr.P.C. In the result, this application is allowed. 1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case. 2) He shall appear before the Investigating Officer for B.A. No.5072 of 2014 -3- interrogation if he is so required by him in writing. 3) He shall not destroy or tamper with evidence. 4) This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/

Same Court & Year Kerala · 2014 Same Parties Niranjan Babu vs State of Kerala Same Subject MRTP Same Judge Honourable Mr. Justice K.Abraham Mathew