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Ratheesh vs State of Kerala

Ratheesh vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 01, 2023
~4 min read
https://sooperkanoon.com/case/1376978

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./6182/2023

Parties & Advocates

Appellant / Petitioner

Ratheesh

Respondent

State of Kerala

Excerpt

.....ofpunalur police station. the offences alleged against the petitioner are punishable under sections 341, 294(b), 323, 324, 325, 308, 506(ii) and 427 of indian penal code.3. the prosecution case is that, on 15.06.2023 at about7.00 p.m, as the defacto complainant who is none other than the mother of the petitioner, questioned him for assaulting his wife, the accused uttered obscene words, caught hold of her hair and struck her head on the door frame, thereby causing injuries to the defacto complainant. it is also alleged that, the petitioner attempted to strangulate the defacto complainant's husband and also threatened to kill him with a knife. the crime was registered in such circumstances and as part of the investigation the petitioner was arrested on 17.06.2023. since then, he has beenunder judicial detention and this application for regular bail is submitted in such circumstances.4. heard, sri. sujesh kumar p , the learned counsel appearing for the petitioner and smt.sreeja v, the learned public prosecutor, appearing for the state.5. i have gone through the records. it is true that, there are certain allegations against the petitioner. but the fact remainsthat, the petitioner has been in custody since 17.06.2023. it is reported that, the defacto complainant is the mother of the petitioner and she had sworn annexure a3 affidavit, stating that, she has no subsisting grievance against the petitioner and has no objection in releasing the petitioner on bail as well. no criminal antecedents of the petitioner were also brought in my notice. there is substantial progress in the investigation. in such circumstances, taking note of the entire materials placed on record, i do not find any necessity of further incarceration of the petitioner. accordingly, this application is allowed on the following conditions:- i) the petitioner shall be released on bail on executing a bond for rs. 1,00,000/- (rupees one lakh only) with two solvent sureties for the like sum each.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 BAIL APPL. NO. 6182 OF 2023 Crime No. 1080/2023 of Punalur Police Station PETITIONER/ACCUSED: RATHEESH AGED 35 YEARS S/O SOMAN ACHARY, REMYA BHAVAN, KADUVAKUZHI, PUNALUR.P.O, VILAKUDI, KOLLAM DISTRICT, PIN - 691305 BY ADV K.P.SUJESH KUMAR RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: SMT.SREEJA V, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

2. The petitioner is the accused in Crime No. 1080/2023 of

Punalur Police Station. The offences alleged against the petitioner are punishable under Sections 341, 294(b), 323, 324, 325, 308, 506(ii) and 427 of Indian Penal Code.

3. The prosecution case is that, on 15.06.2023 at about

7.00 p.m, as the defacto complainant who is none other than the mother of the petitioner, questioned him for assaulting his wife, the accused uttered obscene words, caught hold of her hair and struck her head on the door frame, thereby causing injuries to the defacto complainant. It is also alleged that, the petitioner attempted to strangulate the defacto complainant's husband and also threatened to kill him with a knife. The crime was registered in such circumstances and as part of the investigation the petitioner was arrested on 17.06.2023. Since then, he has been

under judicial detention and this application for regular bail is submitted in such circumstances.

4. Heard, Sri. Sujesh Kumar P , the learned counsel appearing for the petitioner and Smt.Sreeja V, the learned Public Prosecutor, appearing for the State.

5. I have gone through the records. It is true that, there are certain allegations against the petitioner. But the fact remains

that, the petitioner has been in custody since 17.06.2023. It is reported that, the defacto complainant is the mother of the petitioner and she had sworn Annexure A3 affidavit, stating that, she has no subsisting grievance against the petitioner and has no objection in releasing the petitioner on bail as well. No criminal antecedents of the petitioner were also brought in my notice. There is substantial progress in the investigation. In such circumstances, taking note of the entire materials placed on record, I do not find any necessity of further incarceration of the petitioner. Accordingly, this application is allowed on the following conditions:- i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully cooperate with the investigation. iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report. iv) The petitioner shall also appear before the Investigating Officer as and when required. v) The petitioner shall not commit any offence of similar nature while on bail. vi) The petitioner shall not make any attempt to tamper with the evidence or influence any witnesses or other persons related to the investigation. vii) The petitioner shall not leave India without the permission of the trial Court. In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law. Sd/- ZIYAD RAHMAN A.A JUDGE rpk APPENDIX OF BAIL APPL. 6182/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR IN CRIME NO. DATED 17/06/2023 Annexure A2 TRUE COPY OF CMP NO. 4821/2023 IN CRIME NO. 1080/2023 ON THE FILE OF THE JUDICIAL FIRST-CLASS MAGISTRATE-II (FOREST OFFENCES), PUNALUR, DATED 14/07/2023 Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE DE FACTO COMPLAINANT DATED 19/07/2021

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Same Court & Year Kerala · 2023 Same Parties Ratheesh vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.

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