Ralph Gladwin vs State of Kerala,

Type Court Judgment Court Kerala Decided Apr 04, 2019

~3 min read

https://sooperkanoon.com/case/1889808

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/1889808
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: Apr 04, 2019
Case Number: Bail Appl./2283/2019

Parties & Advocates

Appellant / Petitioner

Ralph Gladwin

Respondent

State of Kerala,

Excerpt

.....148, 323, 324 and 308 read with section 149 ipc.2. the petitioner has filed this application under section 438 cr.p.c.3. heard.4. the learned public prosecutor has submitted that the petitioner is not involved in any other offence of similar nature.5. the 1st accused was already granted bail afterhis arrest and judicial detention. it has been submitted by the learned public prosecutor that a2 to a4 were -3- granted the relief under section 438 cr.p.c. by this court. having regard to the facts and circumstances of the case, i am of the view that an order under section 438 cr.p.c. in favour of the petitioner will be justified in this case, particularly when there is no criminal antecedent against the petitioner. in the result, this bail application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in connection with crime no.1043/2018 of kottiyam police station, on condition of the petitioner executing a bond for rs.40,000/- (rupees forty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the station house officer of kottiyam police station, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:- -4-(i) the petitioner shall report before theinvestigating officer on every monday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the investigating officer for interrogation.(ii) the petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.(iii) the petitioner shall not get involved in similar offences during the pendency of this case. sd/- b.sudheendra kumar judge nkr/04.04.19

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY,THE 04TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941 AGAINST THE ORDER/JUDGMENT IN CRMC 259/2019 of DISTRICT COURT & SESSIONS COURT,KOLLAM DATED 07-03-2019 CRIME NO. 1043/2018 OF Kottiyam Police Station , Kollam PETITIONER/5TH ACCUSED: RALPH GLADWIN AGED 20 YEARS (A5), S/O.GLADWIN ANSELAM, TONY LAND, KOTTIYAM P.O., KOLLAM DISTRICT. BY ADVS. SRI.BINU GEORGE SMT.HEMALATHA RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031. SMT.V.SREEJA,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

ORDER

The petitioner is the 5th accused in Crime No.1043 of 2018 of Kottiyam Police Station registered for the offences punishable under Sections 143, 144, 147, 148, 323, 324 and 308 read with Section 149 IPC.

2. The petitioner has filed this application under Section 438 Cr.P.C.

3. Heard.

4. The learned Public Prosecutor has submitted that the petitioner is not involved in any other offence of similar nature.

5. The 1st accused was already granted bail after

his arrest and judicial detention. It has been submitted by the learned Public Prosecutor that A2 to A4 were -3- granted the relief under Section 438 Cr.P.C. by this Court. Having regard to the facts and circumstances of the case, I am of the view that an order under Section 438 Cr.P.C. in favour of the petitioner will be justified in this case, particularly when there is no criminal antecedent against the petitioner. In the result, this bail application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in connection with Crime No.1043/2018 of Kottiyam police station, on condition of the petitioner executing a bond for Rs.40,000/- (Rupees forty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer of Kottiyam Police Station, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:- -4-

(i) The petitioner shall report before the

Investigating Officer on every Monday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.

(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

(iii) The petitioner shall not get involved in similar offences during the pendency of this case. Sd/- B.SUDHEENDRA KUMAR JUDGE Nkr/04.04.19

Same Court & Year Kerala · 2019 Same Parties Ralph Gladwin vs State of Kerala, Same Judge Honourable Mr. Justice B.Sudheendra Kumar