RobIn Jacob Vs. the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1127350
CourtKerala High Court
Decided OnFeb-11-2014
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantRobIn Jacob
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph tuesday, the11h day of february201422nd magha, 1935 bail appl..no. 903 of 2014 ------------------------------ crime no. 1/2014 of upputhara police station , idukki district .... petitioner/4th accused: -------------------------------------------- robin jacob, aged24years, puliyarayil house, loundry.p.o, upputhara, idukki. by advs.sri.t.a.unnikrishnan sri.k.s.praveen respondent/complainant: ------------------------------------------------------ state of kerala, represented by the public prosecutor, high court of kerala, ernakulam, representing sub inspector of police, upputhara. by public prosecutor smt. laliza this bail application having come up for admission on1102-2014, the court on the same day passed the following: kss thomas p. joseph, j.-------------------------------- bail appl. no.903 of 2014 -------------------------------------------- dated this the 11th day of february 2014 order petitioner is the 4th accused in crime no.1 of 2014 of the upputhara police station for the offences punishable under secs.341, 324, 323, 427, 294(b), 506(i) and 326 read with sec.34 of the indian penal code, apprehends arrest and has filed the application.2. case is that on 31.12.2013 at the relevant time the petitioner and others assaulted the defacto complainant with granite stone etc.3. learned public prosecutor, while opposing the application has submitted that the petitioner hit the defacto complainant with granite stone causing fracture on the nasal born and other injuries.4. learned counsel submits that the allegations are not true.5. having regard to the circumstances of the case, i am inclined to grant relief to the petitioner but subject to conditions and protecting interest of the bail appl. no.903 of 2014 2 defacto complainant also. the application is disposed of as under.1. petitioner shall surrender before the officer investigating crime no.1 of 2014 of the upputhara police station on 17.02.2014 at 10.00 am for interrogation.2. in case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.3. in case petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.4. on such production, learned magistrate shall release the petitioner (if not required to be detained otherwise) on bail on his executing bond for rs.25,000/- (rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the bail appl. no.903 of 2014 3 learned magistrate and subject to the following conditions: a) petitioner shall deposit rs.15,000/- (rupees fifteen thousand only) in his name in a nationalised bank initially for a period of two years (renewable as per order of the learned magistrate) and produce the fixed deposit receipt before the learned magistrate while executing the bail bond. b) in case compensation is awarded to the victim and petitioner is made liable to pay compensation such compensation to the extent possible could be realised from the amount in deposit c) petitioner shall report to the officer investigating crime no.1 of 2014 of the upputhara police station on every alternate saturday between 04.00 p.m. and 05.00 p.m. for a period of two months or until filing of the final report, whichever is earlier. bail appl. no.903 of 2014 4 d) petitioner shall report to the investigating officer as and when required for interrogation. e) petitioner shall co-operate with the investigation of the case. f) petitioner shall not get involved any offence during the period of this bail. g) petitioner shall not influence or intimidate the witnesses. h) in case any of condition nos.(c) to (g) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in p.k. shaji v. state of kerala (air2006sc100. sd/- thomas p. joseph judge /true copy / ns p.a. to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 Bail Appl..No. 903 of 2014 ------------------------------ CRIME NO. 1/2014 OF UPPUTHARA POLICE STATION , IDUKKI DISTRICT .... PETITIONER/4TH ACCUSED: -------------------------------------------- ROBIN JACOB, AGED24YEARS, PULIYARAYIL HOUSE, LOUNDRY.P.O, UPPUTHARA, IDUKKI. BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT/COMPLAINANT: ------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, UPPUTHARA. BY PUBLIC PROSECUTOR SMT. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J.

-------------------------------- Bail Appl. No.903 of 2014 -------------------------------------------- Dated this the 11th day of February 2014 ORDER

Petitioner is the 4th accused in Crime No.1 of 2014 of the Upputhara Police station for the offences punishable under Secs.341, 324, 323, 427, 294(b), 506(i) and 326 read with Sec.34 of the Indian Penal Code, apprehends arrest and has filed the application.

2. Case is that on 31.12.2013 at the relevant time the petitioner and others assaulted the defacto complainant with granite stone etc.

3. Learned Public Prosecutor, while opposing the application has submitted that the petitioner hit the defacto complainant with granite stone causing fracture on the nasal born and other injuries.

4. Learned counsel submits that the allegations are not true.

5. Having regard to the circumstances of the case, I am inclined to grant relief to the petitioner but subject to conditions and protecting interest of the Bail Appl. No.903 of 2014 2 defacto complainant also. The application is disposed of as under.

1. Petitioner shall surrender before the officer investigating Crime No.1 of 2014 of the Upputhara Police station on 17.02.2014 at 10.00 am for interrogation.

2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.

3. In case petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.

4. On such production, learned magistrate shall release the petitioner (if not required to be detained otherwise) on bail on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the Bail Appl. No.903 of 2014 3 learned magistrate and subject to the following conditions: a) Petitioner shall deposit Rs.15,000/- (Rupees fifteen thousand only) in his name in a nationalised bank initially for a period of two years (renewable as per order of the learned Magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond. b) In case compensation is awarded to the victim and petitioner is made liable to pay compensation such compensation to the extent possible could be realised from the amount in deposit c) Petitioner shall report to the officer investigating Crime No.1 of 2014 of the Upputhara Police station on every alternate Saturday between 04.00 p.m. and 05.00 p.m. for a period of two months or until filing of the final report, whichever is earlier. Bail Appl. No.903 of 2014 4 d) Petitioner shall report to the investigating officer as and when required for interrogation. e) Petitioner shall co-operate with the investigation of the case. f) Petitioner shall not get involved any offence during the period of this bail. g) Petitioner shall not influence or intimidate the witnesses. h) In case any of condition nos.(c) to (g) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge