Kerala High Court
Bail Appl./9422/2019 of MURALI.A Vs STATE OF KERALA on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9422 OF 2019 AGAINST THE ORDER/JUDGMENT IN CRMP 8305/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PALAKKAD CRIME NO.410/2019 OF Kasaba Police
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
Bail Appl..No.9422 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMP 8305/2019 OF JUDICIALMAGISTRATE OF FIRST CLASS -I,PALAKKAD
CRIME NO.410/2019 OF Kasaba Police Station , Palakkad PETITIONERS/ACCUSED 1 AND 3:
1MURALI.AAGED 50 YEARSAGED 50 YEARS
S/O. ARUMUGHAN, RESIDING AT THEERTHAMPADAM HOUSE, THENARI POST, ELAPPULLY VILLAGE, PALAKKAD TALUK AND DISTRICT, PIN 678 622.
2RAMESH A,AGED 44 YEARS
S/O. ARUMUGHAN, RESIDING AT THEERTHAMPADAM HOUSE, THENARI POST, ELAPPULLY VILLAGE, PALAKKAD TALUK AND DISTRICT, PIN 678 622.HOUSE, THENARI POST, ELAPPULLY VILLAGE, PALAKKAD TALUK AND DISTRICT, PIN 678 622.
BY ADV. SRI.SANTHEEP ANKARATH
RESPONDENTS/STATE:
1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OFKERALA, ERNAKULAM, KOCHI 682 011.REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OFKERALA, ERNAKULAM, KOCHI 682 011.
2STATION HOUSE OFFICER,PALAKKAD KASABA POLICE STATION, PALAKKAD 678 622.PALAKKAD KASABA POLICE STATION, PALAKKAD 678 622.
SRI.T.R.RANJITH, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 31st day of December 2019
The petitioners are accused Nos.1 & 3 inCrime No.410/2019 of Palakkad Kasaba PoliceStation, for having allegedly committedoffences punishable under Sections 447, 341,324 and 326 r/w Section 34 of the IPC.
2. The prosecution case is that on30.10.2019 at about 4.45 AM, the accused Nos.1to 3 barged into the house of the defactocomplainant in order to wreak vengeance aboutan incident that had occurred on 29.10.2019involving the wife of the 2[nd] accused andinflicted grievous injuries on the defactocomplainant by beating him with iron rodsfracturing his right leg and also lost histooth. The petitioners and the defactocomplainant are neighbors. They have been injudicial custody for 33 days. The facts reveal that a case was also registered againstthe defacto complainant as Crime No.418/2019,for allegedly committed offences punishableunder Sections 447, 341 and 354 of the IPC forhaving attempted to molest the wife of the 2[nd]accused. The petitioners do not have anycriminal antecedents. The injuries are not lifethreatening. The recovery is already over. Nocustodial interrogation is required.
Under the circumstances, the petition isallowed and the accused Nos. 1 & 3/petitionersare released on bail on execution of bond forRs.50,000/- (Rupees fifty thousand only) withtwo solvent sureties each to the like amount tothe satisfaction of the JurisdictionalMagistrate and on condition that he shallappear before the Investigating Officer as andwhen called for. They shall also not get
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involved in any further similar offences. Incase of breach of the conditions, theprosecution is at liberty to move forcancellation of bail.
SPK
Sd/-
ASHOK MENON
JUDGE