Kerala High Court
Amar Singh Rana @ Ravikumar vs State Of Kerala on 23 November, 2021
B.A.No.8604 of 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
BAIL APPL. NO. 8604 OF 2021
CRIME NO.1803/2021 OF Palakkad Town South Police Station,
Palakkad
AGAINST THE ORDER/JUDGMENT IN CRMP 1510/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III,PALAKKAD, PALAKKAD
PETITIONER/S:
AMAR SINGH RANA @ RAVIKUMAR
AGED 27 YEARS
S/O. HARICHAND RANA, KRIHA NAGAR, CALCUTTA,
BELOURIMUNCIPALITY, KANJANPUR DISTRICT, NEPAL.
BY ADVS.
K.ANAND
BENNY ANTONY PAREL
SANJUNA GOPINATH K.P
RESPONDENTS/STATE AND DEFACTO COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2 SUB INSPECTOR OF POLICE
TOWN SOUTH POLICE STATION, PALAKKAD-678 007.
3 SUNIL RANA
AGED 19 YEARS
S/O. MUNSHI RANA, RESIDING AT LALJHADI, KANCHANPUR
DISTRICT, NEPAL, NOW RESIDING AT C/O. JAYAN R.,
REVATHI NIVAS, CHAMAPARMBU, U.C. COLLEGE P.O.,
ALUVA-683 10.
SMT. SREEJA V, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.8604 of 2021 2
ORDER
Application for regular bail filed under Section 439 of the
Code of Criminal Procedure.
2. The petitioner is the sole accused in Crime No.1803 of 2021
of Town South Police Station, Palakkad registered for the offences
punishable under Sections 324 and 307 of the Indian Penal Code.
3. He has been in custody since 25.9.2021.
4. The allegation is that on 24.09.2021 at about 1.00 a.m
while the defacto complainant was sleeping in his room, the
petitioner who was residing with him had stabbed him with a knife, a
deadly weapon with the intention to cause his death and thereby he
has committed the aforesaid offences.
5. Heard the learned counsel for the petitioner as well the
learned Public Prosecutor.
6. The learned counsel for the petitioner has submitted that he
is totally innocent of the allegations levelled against him. But he is
undergoing unnecessary incarceration since the date of his arrest.
Hence, this application.
7. It is pointed out by the learned Public Prosecutor that both
the defacto complainant as well as the injured are from Nepal and
both of them were working in a coffee plantation at Palakkad. Now
the investigation of the case is nearing completion. The prosecution
has no case that this petitioner is having any criminal antecedents.
8. The investigating agency had already recovered the weapon
used by this petitioner to inflict injury of the defacto complainant.
But on going through the records available before me, I do not find
any materials to infer that further detention of this petitioner is
required for the investigating agency to submit the final report.
Therefore, this application is allowed subject to the following
conditions.
(i) The petitioner shall be released on bail on his executing bond
for a sum of Rs.1,00,000/- (Rupees one lakh only) with two
solvent sureties for the like sum each to the satisfaction of the
court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer
for interrogation as and when required by him, in writing, till filing
of the final report.
(iii) The petitioner shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions,
the jurisdictional court is at liberty to cancel the bail in
accordance with the law.
Sd/-
SHIRCY V.
JUDGE
smm
