Kerala High Court
Bail Appl./9276/2019 of SANJAY RAVI 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.9276 OF 2019 CRL. M.C NO. 1985/2019 DATED 07-11-2019 OF SESSIONS COURT,THRISSUR CRIME NO.765/2019 OF IRINJALAKUDA POLICE STATION, THRISSUR
IN THE HIGH 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.9276 OF 2019
CRL. M.C NO. 1985/2019 DATED 07-11-2019 OF SESSIONSCOURT,THRISSUR
CRIME NO.765/2019 OF IRINJALAKUDA POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO. 1:
SANJAY RAVIAGED 45 YEARSS/O.N.N.RAVINDRANATH,NADUPURAKKAL HOUSE,P.O.IRINJALAKUDA,MANAVALASSERY VILLAGE,MUKUNDAPURAM TALUK,THRISSUR DISTRICT.
BY ADVS.SRI.S.RAJEEVSRI.K.K.DHEERENDRAKRISHNANSRI.V.VINAYSRI.D.FEROZEK.ANAND
RESPONDENTS/STATE/COMPLAINANT:
1STATE OF KERALAREP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.(CRIME NO.765/2019 OF IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT).
2STATION HOUSE OFFICER,IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT-680121, (CRIME NO.765/2019 OF IRINJALAKUDA POLICE STATION,THRISUUR DISTRICT).
SRI.SUMAN CHAKRAVARTY, SR.PUBLIC PROSECUTOR FOR DGP
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 petitioner is the first accused in Crime No.
765/2019 of Irinjalakuda Police Station, for havingallegedly committed offences punishable under Sections120B, 448, 341, 323, 324, 302 read with Section 34 ofthe Indian Penal Code along with three other accused.
2. The facts in brief is that on 14.09.2019, atabout 12.30 A.M., there was an altercation between thedefacto complainant and the first accused with regardto parking of vehicles, obstructing the way to the houseof the defacto complainant. The accused in furtheranceof common intention, trespassed into the courtyard ofthe defacto complainant, wrongfully restrained him andthe petitioner/first accused inflicted a cut injury on thedefacto complainant's father in law, who succumbed tothe injuries. The other accused inflicted injuries on thedefacto complainant. Thereafter, the final report has Bail Appl.No.9276 OF 2019 3
been filed. But in the final report, the over-tact ofinflicting injury on the deceased is not attributed to thefirst accused, but it is attributed to the second accused.
The petitioner would contend that the fact regardinghim not inflicting any fatal injury would be revealedfrom the CCTV footage, which has been installed in thehouse of the defacto complainant. But that has notbeen produced as an evidence and it is submitted thatit has to be examined by an expert.
3. The learned Senior Public Prosecutor has also submitted a report to the effect that all the fouraccused have criminal antecedents. There are threecriminal cases registered against the petitioner/firstaccused. But those are under Sections 279, 420, 323and 324 of IPC. In all those cases, he has beenreleased on bail and is facing trial.
4. No serious offences are alleged against him in the criminal cases pointed out to as criminalantecedents of petitioner. He has been in judicialcustody from 20.09.2019 onwards. Going by thecircumstances, I do not find that there is any reason for Bail Appl.No.9276 OF 2019 4
further incarceration of the petitioner/first accused.
The final report has already been filed and therefore,there is no point in retaining him in judicial custody.
5. Therefore, the petition for bail is allowed on the following conditions:-
1) The petitioner shall be released on bail,on execution of bond for Rs.1,00,000/-on execution of bond for Rs.1,00,000/- (Rupees One Lakh only) with twosolvent sureties each for the likeamount to the satisfaction of the trialcourt.solvent sureties each for the likeamount to the satisfaction of the trialcourt.
2) The petitioner shall not enter the
Irinjalakuda police station limits for aperiod of six months. period of six months.
3) The petitioner shall not attempt tointimidate or influence witnesses. intimidate or influence witnesses.
4) Breach of any of the conditions, shallentail in cancellation of bail by the trialcourt.entail in cancellation of bail by the trialcourt.
DCS
sd/-
ASHOK MENON
JUDGE
APPENDIX
PETITIONER'S/S ANNEXURES:
ANNEXURE ICERTIFIED COPY OF THE ORDER DATED 07.11.2019 IN CRL. M.C. NO. 1985/2019 OF COURT OF SESSIONS, THRISSUR
ANNEXURE IICERTIFIED COPY OF THE ORDER DATED 05.12.2019 IN CRL. M.C. NO. 2128/2019 PASSED BY THE COURT OF SESSIONS, THRISSUR