Allowed

Vishnu v. State of Kerala

Kerala HC1 Apr 2013Bail Appl./2296/2013

Case brief

AI extract

What is this about?

In a bail application filed by the fourth accused in an offense involving assault with deadly weapons under sections 341, 323, 324, 326, 308 IPC, and section 27 of the Arms Act, the High Court of Kerala granted bail after observing the period of detention.

What did the court decide?

Petitioner is released on bail subject to executing a bond of Rs.20,000 with two sureties, reporting once a week until investigation completion, not leaving specified districts, and surrendering passp

Vishnu Vs State of Kerala — Cheque Dishonour | Kerala HC (2013)

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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 S.S.SATHEESACHANDRAN

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MONDAY, THE 1ST DAY OF APRIL 2013/11TH CHAITHRA 1935

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Bail Appl..No. 2296 of 2013 ()

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CRIME NO. 192/2013 OF KADAKKAL POLICE STATION , KOLLAM DISTRICT

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PETITIONER/4TH ACCUSED:

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VISHNU, AGED 19 YEARS, S/O.CHANDRAN, KUZHIVILA VEEDU, KATTUMPURAM, MUDAPURAM P.O., KIZHUVILLAM VILLAGE-A4

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BY ADV. SRI.SAJU.S.A

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031

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BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-04-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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S.S.SATHEESACHANDRAN,J.

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B.A.NO.2296 Of 2013

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Dated this the 1^st day of April, 2013

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ORDER

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Petitioner is 4^th accused (A4) in crime No.192/2013 of Kadakkal Police Station, registered for offences punishable under Sections 341, 323, 324, 326, 308 read with 34 of the Indian Penal Code and Section 27 of Arms Act.

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Prosecution case is that, accused persons, numbering four, conjointly assaulted the defacto complainant and another with deadly weapons and caused them grave injuries, at about 7.45 PM on 03.02.2013, at a place in Onnamkallu. First among the accused, it is alleged wielded sword and the others (A2 to A4) iron rods, and all of them attacked and assaulted the de facto complainant and his companion with such deadly weapons. Consequent thereto defacto complainant sustained severe injuries including fracture of two of his fingers, according to the prosecution. Some of the strikes aimed at the body of defacto complainant and his companion, had they not been deflected could have fell upon the vital parts of the person, and in that case, resultant injuries would have caused death of such victim,

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B.A.NO.2296 Of 2013 2 and then, and the assailants, the accused, would have been guilty of the offence of culpable homicide not amounting to murder, is the case for imputing the offence under Section 308 of the Penal Code. Petitioner was arrested on 19.02.2013, and on production before the Magistrate he was remanded to Judicial Custody, which still continues.

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Learned counsel for the petitioner submitting that petitioner has been undergoing detention for a period of more than one month, requested for his release on bail subject to conditions as deemed fit and proper. His further custody is not required for completing the investigation of crime and he is prepared to abide by any condition imposed by this court for his release on bail, is the submission of counsel. Learned Public Prosecutor submitted that other accused involved in the crime (A1 to A3) were arrested only on 21.03.2013, and, the investigation has not been so far completed. If at all, petitioner is released on bail, adequate conditions may be imposed safeguarding the investigation is the further submission of learned Public Prosecutor.

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Having regard to the period of detention already undergone by the petitioner, I find, he can be released at this

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B.A.NO.2296 Of 2013

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stage subject to following conditions.

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Petitioner shall execute a bond for Rs.20,000/- (Rupees Twenty Thousand only) with two solvent sureties for the like sum, by each of them, to the satisfaction of the Judicial First Class Magistrate – II, Kottarakara.

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He shall report before the Investigating Officer once in a week, on every Sunday, at a time between 10 AM and 12 noon, for a period of 10 weeks or till the completion of the investigation of the crime, whichever is earlier.

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Petitioner shall surrender his Passport, if any, before the Magistrate within one week from the date of his release on bail, and if he is not in possession of passport, then, to file an affidavit stating so within above period.

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He shall not intimidate, terrorize or influence any of the witnesses connected with the crime nor dissuade any person from speaking

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B.A.NO.2296 Of 2013

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the facts known to them relating to the crime to the Police officers or to the Court as the case may be, or tamper with the evidence.

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He shall not go outside Thiruvananthapuram and Kollam Districts for a period of three months or till completion of investigation of the crime and filing of final report, whichever is earlier, without obtaining prior permission in writing from the investigating officer.

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Sd/-

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S.S.SATHEESACHANDRAN

JUDGE.

//TRUE COPY//

P.A TO JUDGE

Vishnu v. State of Kerala

Case brief

What is this about?

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Vishnu v. State of Kerala

Case brief

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