Ram Mohan, vs the State of Kerala,

Ram Mohan, vs The State of Kerala,

Type Court Judgment Court Kerala Decided May 31, 2019

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https://sooperkanoon.com/case/1915556

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Citation: sooperkanoon.com/1915556
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: May 31, 2019
Case Number: Bail Appl./3203/2019

Parties & Advocates

Appellant / Petitioner

Ram Mohan,

Respondent

The State of Kerala,

Excerpt

.....427 read with section 34 ipc.2. the petitioner has filed this application praying for the relief under section 438 cr.p.c.3. heard4. the learned public prosecutor has submitted thatthere is no criminal antecedent against the petitioner. no specific overt act was alleged against the petitioner. the specific overt act was alleged only against the second accused. the second accused was already arrested and thereafter, he was released on bail after his judicial -3- detention. considering the facts and circumstances of the case, i am of the view that the custodial interrogation of the petitioner is not necessary in this case. that apart, there is no criminal antecedent against the petitioner. in the said circumstances, i am inclined to grant pre-arrest bail to the petitioner. in the result, this application stands allowed and therespondents are directed to release the petitioner on bail in the event of his arrest in connection with the above crime 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 2 nd respondent, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following conditions:-4-(i) the petitioner shall report before theinvestigating officer on every saturday between 9.00 a.m. and 11.00 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 any other offence during the pendency of this case. sd/-b. sudheendra kumar, judge. dl/ /true copy/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 31ST DAY OF MAY 2019 / 10TH JYAISHTA, 1941 Bail Appl..No. 3203 of 2019 CRIME NO. 173 OF 2019 OF PARIPALLY POLICE STATION, KOLLAM PETITIONER/S: RAM MOHAN, AGED 26 YEARS S/O.SREELATHA, LATHA BHAVAN, SREERAMAPURAM, KALLUVATHUKKAL. BY ADV. SRI.M.R.SASITH RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2 THE SUB INSPECTOR, PARIPPALLY POLICE STATION, KOLLAM - 690 001. OTHER PRESENT: SMT.V.SREEJA,PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

ORDER

The petitioner is the first accused in Crime No.173 of 2019 of Parippally Police Station registered for the offences punishable under Sections 294(b), 323, 326, 506 and 427 read with Section 34 IPC.

2. The petitioner has filed this application praying for the relief under Section 438 Cr.P.C.

3. Heard

4. The learned Public Prosecutor has submitted that

there is no criminal antecedent against the petitioner. No specific overt act was alleged against the petitioner. The specific overt act was alleged only against the second accused. The second accused was already arrested and thereafter, he was released on bail after his judicial -3- detention. Considering the facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. That apart, there is no criminal antecedent against the petitioner. In the said circumstances, I am inclined to grant pre-arrest bail to the petitioner. In the result, this application stands allowed and the

respondents are directed to release the petitioner on bail in the event of his arrest in connection with the above crime 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 2 nd respondent, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following conditions:

-4-

(i) The petitioner shall report before the

Investigating Officer on every Saturday between 9.00 a.m. and 11.00 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 any other offence during the pendency of this case. Sd/-B. SUDHEENDRA KUMAR, JUDGE. dl/ /true copy/

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