Ratheesh vs State of Kerala, Rep. by the Public Prosecutor

Type Court Judgment Court Kerala Decided Feb 07, 2022

~3 min read

https://sooperkanoon.com/case/1443088

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1443088
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Feb 07, 2022
Case Number: Bail Appl./417/2022

Parties & Advocates

Appellant / Petitioner

Ratheesh

Respondent

State of Kerala, Rep. by the Public Prosecutor

Excerpt

.....of offences under sections 447, 294(b), 341, 323, 324, 326 and 307 read with section 34 of the indian penal code.3. when this matter was taken up for consideration today,the submission of the learned counsel for the petitioners is that the petitioners have been in custody for 94 days and as on date, they are entitled to statutory bail as no final report has been filed in the matter.4. the learned public prosecutor, on instructions, would confirm that no final report has been filed.5. taking note of the above facts and without going into any other aspect of the matter, i am of the view that the petitioners are entitled to be released on bail.6. in the result, this bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:(1) petitioners shall execute separate bonds for sums of rs.50,000/- (rupees fifty thousand) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;(2) petitioners shall not attempt to or to influence or intimidate the de-facto complainant or any witness in crime no.1834 of 2021 of valiyathura police station, thiruvananthapuram district;(3) petitioners shall report before the investigating officer in crime no.1834 of 2021 of valiyathura police station, thiruvananthapuram district, every saturday at 11.00 a.m until further orders;(4) petitioners shall not involve in any other crime while on bail.if any of the aforesaid conditions are violated, the investigating officer in crime no.1834 of 2021 of valiyathura police station, thiruvananthapuram district, may file an application before the jurisdictional court for cancellation of bail. sd/- gopinath p. judge dk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943 CRIME NO.1834/2021 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT PETITIONERS: 1 RATHEESH @ VISHNU, AGED 28 YEARS, S/O.CHANDRAN, BEACH P.O,NEAR ALL SAINTS COLLEGE JUNCTION,EENTHI 2 NIDHEESH @ UNNI, AGED 31 YEARS, S/O.CHANDRAN, BEACH P.O,NEAR ALL SAINTS COLLEGE JUNCTION, EENTHI BY ADVS. T.I.UNNIRAJA FAHEEM AHSAN.S S.BADUSHA JOEL ANTONY GEORGE SREEJITH S. S.G.SREEKANTH RESPONDENTS: 1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM- 695 008. BY SRI. RENJITH (SR. PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for regular bail.

2. Petitioners are accused Nos.1 and 2 in Crime No.1834 of

2021 of Valiyathura Police Station, Thiruvananthapuram District, alleging commission of offences under Sections 447, 294(b), 341, 323, 324, 326 and 307 read with Section 34 of the Indian Penal Code.

3. When this matter was taken up for consideration today,

the submission of the learned counsel for the petitioners is that the petitioners have been in custody for 94 days and as on date, they are entitled to statutory bail as no final report has been filed in the matter.

4. The learned Public Prosecutor, on instructions, would confirm that no final report has been filed.

5. Taking note of the above facts and without going into any other aspect of the matter, I am of the view that the petitioners are entitled to be released on bail.

6. In the result, this bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(1) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioners shall not attempt to or to influence or intimidate the de-facto complainant or any witness in Crime No.1834 of 2021 of Valiyathura Police Station, Thiruvananthapuram District;

(3) Petitioners shall report before the investigating officer in Crime No.1834 of 2021 of Valiyathura Police Station, Thiruvananthapuram District, every Saturday at 11.00 A.M until further orders;

(4) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1834 of 2021 of Valiyathura Police Station, Thiruvananthapuram District, may file an application before the Jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE DK

Same Court & Year Kerala · 2022 Same Parties Ratheesh vs State of Kerala, Rep. by the Public Prosecutor Same Judge Honourable Mr. Justice Gopinath P.