Held that the accused, a police officer, is entitled to bail in offences including s. 326 IPC pending the decision on grievous hurt. Directed surrender for filing of bond instead of immediate arrest.
Petitioner granted bail upon executing bond for Rs.25,000 with two sureties or by surrendering within seven days with the same conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
WEDNESDAY, THE 12TH DAY OF MARCH 2014/21ST PHALGUNA, 1935
Bail Appl..No. 1838 of 2014 ()
AGAINST THE ORDER IN CC 165/2014 of CHIEF JUDICIAL MAGISTRATE,THRISSUR
ACCUSED(S)/APPLICANT/ACCUSED:
P.LALKUMAR AGED 39 YEARS S/O PETER JOHN, MANGALAMUTTAM HOSUE, KODUVILA P.O. KOLLAM
NOW WORKING AS PRINCIPAL SUB INSPECTOR OF POLICE TOWN EAST POLICE STATION, THRISSUR.
BY ADV. SRI.THOMAS J.ANAKKALLUNKAL
COMPLAINANT(S)/RESPONDNET/COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
ADDITIONAL RESPONDENT
2. ADV. R.K. ASHA, AGED 40 YEARS, D/O. G.R.K. UNNITHAN, NEELAMBARI, PALLATH EAST LANE, POONKUNNAM P.O., TRISSUR.
ADDITIONAL 2ND RESPONDENT IMPLEADED AS PER ORDER IN CRL.M.A. NO.2430/2014 DATED 12.03.2014
ADDL R2 BY ADV. SRI.K.S.MADHUSOODANAN R1 BY D.G.P. SRI. ASAF ALI BY PUBLIC PROSECUTOR SRI. C.RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
N.K. BALAKRISHNAN, J.
B.A. No. 1838 of 2014
Dated this the 12th day of March, 2014
O R D E R
The petitioner is the accused in C.C. No.165/2014
of Chief Judicial Magistrate Court, Thrissur. A private complaint was filed by one person. The complainant, the victim, doctor and two witnesses were examined as CWs 1 to 5. Cognizance was taken against the petitioner alleging offences under sections 294(b), 354A, 509 and 326 of IPC. Offences under sections 354A, 294(b) and 509 are bailable offences. Section 326 of IPC is the only non bailable offence.
B.A. No. 1838/2014
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by the doctor has been made available. It is true that the doctor was also examined. The wound certificate shows that the victim had pain on both knees with swelling on left knee suggestive of haemarthosis, contused abrasion over right ankle and foot with swelling. On X-ray examination no bone injury could be found.
B.A. No. 1838/2014
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If the petitioner is arrested, he shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting Officer. If he is not arrested, the petitioner shall surrender before the learned Magistrate within seven days from today, in which case the petitioner shall be granted bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate and on further
B.A. No. 1838/2014
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condition that he shall not tamper with the evidence or try to contact or influence the witnesses.
Sd/N.K. BALAKRISHNAN,
JUDGE
//True Copy//
P.A. to Judge
jjj
2 issues framed by the court
Whether the accused is entitled to bail in an offence under Section 326 IPC when other charges are bailable and the injury does not clearly attract grievous hurt.
Whether the award of bail and conditions are appropriate when the accused is a police officer and not likely to abscond.
2 provisions across 1 enactments
P.LALKUMAR
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
ADV. R.K. ASHA
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
