Kerala High Court
Rajan Joy @ Ajayan vs State Of Kerala on 23 June, 2016
Author: P. Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938
Bail Appl..No. 4690 of 2016 ()
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CRIME NO. 732/2016 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA
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PETITIONER/1ST ACCUSED :
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RAJAN JOY @ AJAYAN,
AGED 35 YEARS, S/O JOY,
THURUTHYMALIYIL HOUSE,
KALLUNKAL, NADUVILE MURI,
NEDUMPRAM VILLAGE,
PATHANAMTHITTA.
BY ADV. SRI.VINOY VARGHESE KALLUMMOOTTILL
RESPONDENTS/COMPLAINANTS/STATE :
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE SUB INSPECTOR,
PULIKEEZHU POLICE STATION,
PATHANAMTHITTA DISTRICT - 689 645.
R1 & R2 BY PUBLIC PROSECUTOR SMT. REMA R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 23-06-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Mn
P. UBAID, J.
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B.A.No.4690 of 2016
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Dated this the 23rd day of June, 2016
O R D E R
The petitioner herein is the first accused in Crime No.732/2016 of the Pulikeezhu Police Station, registered under Sections 294(b), 447, 324 and 326 IPC read with 34 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate, Thiruvalla on 07.06.2016. The petitioner has been in judicial custody since 09.06.2016.
2. The prosecution case is that the petitioner herein and his wife assaulted the defacto complainant in connection with some other dispute and inflicted injuries on his body with a stick. It is submitted that the petitioner herein had also sustained injuries in the alleged incident, and that the police has registered a counter case as Crime No.733/2016. Learned counsel submitted that in the said crime also Section 326 IPC is involved. In this case, the wound certificate relating to the complainant B.A.Nos.4690 of 2016 2 shows that he had sustained so many injuries. The grievous hurt alleged is fracture on his left hand. Any way, on a perusal of the case diary, I find that the investigating officer has questioned the very material witnesses, and has recovered the weapon also.
3. This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.
4. On hearing both sides, and on a perusal of the materials including the case diary and the report of the investigating officer, I find that investigation in this case is practically over, and that the petitioner can be now released on appropriate conditions. I find that the Investigating Officer has already questioned the material witnesses, and has collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioner in custody. However, some reasonable conditions for bail are felt necessary in the particular facts and circumstances.
In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with B.A.Nos.4690 of 2016 3 two solvent sureties for Rs.30,000/- (Rupees Thirty Thousand only) each to the satisfaction of the learned Judicial First Class Magistrate, Thiruvalla. Bail is granted on condition that;
a. The petitioner shall report before the Investigating Officer between 10.00 am to 11 a.m on all Wednesdays for a period of two months.
b. The petitioner shall not leave the jurisdictional limits of Pulikeezhu Police Station for two months.
c. The petitioner shall not in any manner influence or intimidate the witnesses, and he shall not have any contact with the material witnesses directly or over telephone or otherwise.
Sd/-
P. UBAID, JUDGE
sd
// True Copy // P.A. to Judge