Kerala High Court
Rajan K.K vs State Of Kerala on 14 March, 2019
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
Bail Appl..No. 1764 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMP 893/2019 of JUDICIAL
MAGISTRATE OF FIRST CLASS - I, ETTUMANUR DATED 06-02-2019
CRIME NO. 188/1994 OF Gandhinagar Police Station , Kottayam
PETITIONER/S:
RAJAN K.K.,
AGED 62 YEARS
KIZHAKKEPURACKAL HOUSE, SACHIN VILLA, PALATHU
WARD, ALAPPUZHA - 688 013 (PRESENTLY RESIDING).
BY ADVS.
SRI.K.I.TOGI
PUBLIC PROSECUTOR
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR, GANDHINAGAR
POLICE STATION IN CR.NO.658/93, THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -
682 031.
OTHER PRESENT:
SRI.C.S.HRITHWIK,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.1764 & 1765 of 2019
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
Bail Appl..No. 1765 of 2019
AGAINST THE ORDER/JUDGMENT IN LP 52/2009 of JUDICIAL
MAGISTRATE OF FIRST CLASS - I, ETTUMANUR
CRIME NO. 658/1993 OF Gandhinagar Police Station , Kottayam
PETITIONER/S:
RAJAN K.K.
AGED 62 YEARS
KIZHAKKEPURACKAL HOUSE, SACHIN VILLA, PALATHU
WARD, ALAPPUZHA-688013 (PRESENTLY RESIDING)
BY ADV. SRI.K.I.TOGI
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR, GANDHINAGAR
POLICE STATION IN CR.NO.658/93, THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-
682031.
OTHER PRESENT:
SMT.V.SREEJA,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.1764 & 1765 of 2019
-3-
ORDER
The petitioner is the accused in L.P. Nos.52 of 2009 and 10 of 2009 on the files of the court of the Judicial Magistrate of First Class -1, Ettumanoor.
2. L.P. No.52 of 2009 relates to Crime No.658 of 1993 of Gandhinagar Police Station registered for the offences punishable under Sections 394, 120B and 414 read with Section 34 IPC and Section 25 of the Arms Act. L.P. No.10 of 2009 relates to Crime No.188 of 1994 of Gandhinagar Police Station registered for the offences punishable under Sections 392, 450 and 414 read with Section 34 IPC.
3. The petitioner was arrested at the crime stage in Bail Appl.1764 & 1765 of 2019 -4- both the said cases. After judicial detention, he was granted bail by the court in both the cases. However, thereafter, the petitioner shifted his residence from Thrissur to Alleppey and hence his whereabouts could not be found out. Eventually, he was arrested from Alleppey on 15.1.2019 and ever since he has been in custody.
3. Heard.
4. The learned counsel for the petitioner has submitted that the physical condition of the petitioner is deplorable and hence, if he is denied bail, prejudice will be caused to him. It has been further submitted by the learned counsel for the petitioner that it was only because of the reason that the daughter of the petitioner was married to a person at Alleppey that the petitioner shifted his residence to Alleppey for the purpose of treatment of his ailment Bail Appl.1764 & 1765 of 2019 -5- relating to heart in the Medical College Hospital at Alleppey. The learned Public Prosecutor has submitted that apart from the above said cases, there is no other case against the petitioner. In the above said cases also, the only allegation is that the petitioner received stolen property. The petitioner is presently aged 62 years. The learned counsel for the petitioner has submitted that the petitioner will co-operate with the investigation. Considering the facts and circumstances of the case, I am of the view that it is only just and proper to grant bail to the petitioner in the above said cases.
In the result, these applications stand allowed and the petitioner in L.P.No.10 of 2009 and L.P. No.52 of 2009 shall be enlarged on bail on condition of the petitioner executing a bond for Rs.40,000/- (Rupees forty thousand Bail Appl.1764 & 1765 of 2019 -6- only) in each of the said cases, with two solvent sureties, each for the like sum to the satisfaction of the trial court and subject to the further condition that the petitioner shall not intimidate or influence the witnesses, who are likely to give evidence before the court. The petitioner shall co- operate with the investigation.
sd B. SUDHEENDRA KUMAR, JUDGE dl/