Allowed

Hemachandran Nair v. State of Kerala

Kerala HC14 Aug 2012Bail Appl./5523/2012

Case brief

AI extract

What is this about?

The High Court at Ernakulam granted anticipatory bail to the accused facing murder charges, directing his surrender after hospital discharge, production before the Magistrate, and adherence to surety and movement conditions.

What did the court decide?

Accused granted anticipatory bail subject to surrender within ten days of hospital discharge, execution of bond with two sureties of Rs. 1,00,000/- each, and strict compliance with specified court ord

Hemachandran Nair Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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TUESDAY, THE 14TH DAY OF AUGUST 2012/23RD SRAVANA 1934

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Bail Appl..No. 5523 of 2012 () -----------------------------CRIME NO.68/2012 OF AYROOR POLICE STATION,TRIVANDRUM

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PETITIONER/ACCUSED:

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HEMACHANDRAN NAIR, S/O.JAYACHANDRAN, AGED 39 YEARS KARIPPURATH PADINJATTE, KUREEKADAVU, VENKULAM EDAVA.

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BY ADV. SRI.P.N.SUKUMARAN

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RESPONDENT/STATE AND COMPLAINANT:

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STATE OF KERALA

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REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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CIRCLE INSPECTOR OF POLICE, VARKALA POLICE STATION.

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BY PUBLIC PROSECUTOR SMT.KOCHUMOL KODUVATH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-082012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RKC

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N.K.BALAKRISHNAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5523 OF 2012

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Dated this the 14^th day of August, 2012

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O R D E R

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The petitioner is the accused in Crime No.68/2012 of Ayroor Police Station, Thiruvananthapuram. The offence

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alleged against him is under section 302 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that this petitioner caused the murder of one Rijesh who was also known as Pachan. The incident

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took place on 24.07.2012. About 2 or 3 days prior to the incident, there was some dispute between one Santhosh and his wife Raji. Raji telephoned her brother Anil Kumar. Hence Anil Kumar and Pachan went to that matrimonial house, while they were talking each other concerning the matrimonial dispute, Prasad and Hemachandran Nair (who is called as Ayyappan) and others reached there. There was altercation among those persons. Subsequently, due to the

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B.A.No.5523/2012

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intervention of the police that dispute was settled. However Pachan and others had grudge towards the petitioner herein and his friends for having intervened in the matrimonial dispute. Therefore on 24.07.2012 at 7 PM Pachan and others reached near the house of petitioner herein in a Maruthi car. They started attacking the petitioner and others. According to the prosecution, the petitioner stabbed Pachan @ Rijesh to which he latter succumbed.

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The learned counsel for the petitioner submits that in fact, the deceased in this case was involved in so many other crimes. He reached the scene along with some hired goondas to attack the petitioner and others. In fact, the petitioner was brutally attacked and was dragged along the ground (rough surface) to a long distance and from there he was again beaten. The wound certificate issued to the petitioner would clearly establish that fact. The learned counsel for the petitioner draws the attention of the court to the First Information Statement given by the uncle of the

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B.A.No.5523/2012

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deceased. It would show that the deceased reached the place of incident in a Maruthi car along with hired persons and started attacking petitioner herein and others. It was in the course of the said incident, the deceased Rijesh sustained stab injury.

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The learned Public Prosecutor has also produced case diaries in Crime Nos. 68/2012 and 81/2012 which pertain to the crime registered against the deceased and others for having inflicted serious injuries. The offences alleged in that crime include sections 143, 147, 148, 323, 324 and 308 r/w 149 of IPC. The petitioner sustained very serious injuries in the very same incident.

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The learned counsel for the petitioner submits that the petitioner has also drawn the attention of the court to the Inquest Report where also witnesses whose statements were recorded stated that the deceased is not a person of good reputation and he reached the place of incident along with some hired persons to attack the petitioner and others.

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B.A.No.5523/2012

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Therefore, the learned counsel for the petitioner submits that it is a case where the deceased and his hired goondas reached the house of the petitioner herein and in fact the petitioner was dragged out of his house and attacked him brutally. It was in the melee that occurred the deceased

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Rijesh sustained stab injury.

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The petitioner is still undergoing treatment in the hospital because of the serious injuries sustained in the incident.

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Considering all the aspects, the following directions are issued:

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The petitioner shall surrender before the Investigating Officer within ten days from the date of discharge from the hospital. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions:

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B.A.No.5523/2012

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a. The accused shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

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b. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.

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c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The accused will also file an affidavit that he will abide by all the conditions as

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B.A.No.5523/2012

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mentioned above and that he will not commit any offence similar to the offence involved in this case and that he 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.

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e. The accused shall not leave the state of Kerala without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

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Sd/-

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N.K.BALAKRISHNAN, JUDGE.

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//True copy//

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P.A. to Judge

Hemachandran Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

Hemachandran Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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