Ranjith R v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Bail Appl..No. 7051 of 2015 ------------------------------- CRIME NO. 608/2015 OF KOTTAYI POLICE STATION, PALAKKAD DISTRICT. ..........

APPLICANTS/ACCUSED NOS. 1 AND 2:

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1. RANJITH R, AGED 28 YEARS, S/O RAJAN A., KRISHNA KRIPA, KALLINGAL HOSUE, ODANUR, PARALI, PALAKKAD.

2. RAJANEESH, AGED 34 YEARS, S/O SUNDARAN, SREELAKSHMI SADANAM, KOTHAMANGALAM, KOTTAYI, ALATHUR, PALAKKAD.

BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 17th day of November, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioners are accused Nos.1 & 2 in Crime No.608 of 2015 of Kottayi Police Station registered for the offences punishable under Sections 341, 294(b), 323, 354B & 308 r/w Section 34 of the Indian Penal Code. 3.

Prosecution case is that on 07.10.2015 at about 07.00 p.m., the accused restrained, attacked and assaulted the defacto complainant. Had she not warded off the attack, it would have resulted in her death. It is also contended that her churidar was torn in the incident. 4.

Learned counsel for the petitioners submitted that the petitioners and the accused persons are close relatives. There was some property dispute on account of the incident had happened. It is also submitted by the learned counsel for the petitioners that in connection with the same incident Crime No.609 of 2015 under Section

143, 147, 148, 341, 323, 324 and 452 r/w Section 149 IPC had also been registered. In the incident the 2nd petitioner also sustained injuries.

5.

Considering the entire facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners with the following directions:

(a) Petitioners shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit themselves for interrogation. Thereafter, they shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioners shall appear before the Investigating Officer as and when directed for the purpose of interrogation.

(c) The petitioners shall co-operate with the

investigation of the case.

(d) The petitioners shall not intimidate or attempt to influence the witnesses.

(e) The petitioners shall not in any manner interfere or meddle with the investigation.

(f) The petitioners shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True copy/ P.A. to Judge