Dismissed

Binu. E v. State of Kerala

Kerala HC16 Dec 2014Bail Appl./8094/2014

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an application for anticipatory bail under Section 438 Cr.P.C. The court held that the petitioner was not in a fit case for bail in a case involving serious assault with an iron rod causing fractures. The petitioner was advised to surrender to the investigating officer within ten days.

What did the court decide?

Application for anticipatory bail dismissed; petitioner advised to surrender within ten days for investigation.

Binu. E Vs State of Kerala — Bail and Remand | Kerala HC (2014)

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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 B.KEMAL PASHA

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TUESDAY, THE 16TH DAY OF DECEMBER 2014/25TH AGRAHAYANA, 1936

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Bail Appl..No. 8094 of 2014

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CRIME NO. 1885/2014 OF PATHANAMTHITTA POLICE STATION , PATHANAMTHITTA DISTRICT

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PETITIONER(S)/1ST ACCUSED :

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BINU.E, AGED 27 YEARS, S/O.VIJAYAN, ELANJIPURATHU HOUSE, MALAYALAPUZHA THAZHAM P.O, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA)

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RESPONDENT(S)/COMPLAINANT :

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

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2. SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA- 689 645. (CRIME NO.1885/2014).

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BY PUBLIC PROSECUTOR SRI.SREEJITH.V.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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B.KEMAL PASHA, J.

B.ANo.8094 of 2014

Dated this the 16^th day of December, 2014

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ORDER

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Petition under Section 438 Cr.P.C.

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Petitioner is the first accused in Crime No.1885/2014 of Pathanamthitta Police Station registered for the offences punishable under Sections 341, 323 and 326 read with Section 34 of the Indian Penal Code.

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The allegation against the petitioner and the other accused is that on 11.10.2014 on 10.20 p.m., the petitioner beat the de-facto complainant on his face with an iron rod, thereby causing

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nasal bone fracture to him and second and third accused beat and fisted the de-facto complainant and thereafter, second and third

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B.A.8094 of 2014

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accused caught hold of the leg of the de-facto complainant, thereby enabling the petitioner to inflict blows on his leg with the iron rod, thereby causing fracture to his right leg.

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Heard the learned counsel for the petitioner and the

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learned Public Prosecutor.

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It has come out that second and third accused have been

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arrested and the iron rod in question, was recovered. According to the learned counsel for the petitioner, prior to the incident, the defacto complainant had reached the house of the petitioner and called his brother out of the house. When he went out of the

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house, he was attacked. On seeing him being attacked, his father's elder brother intervened and then, he was also attacked by the defacto complainant and others, for which Crime No.1886/2014 has been registered. At the same time, it cannot be said that the said crime is a counter case to the incident in this case, as it had occurred prior to the incident in this case and further that the de-

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B.A.8094 of 2014

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facto complainant herein is not the accused in that case.

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Considering all the above, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioner.

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In the result, this bail application is dismissed. At the

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same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case,

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the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such

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case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such

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application has been given to the Assistant Public Prosecutor also.

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Sd/-

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B.KEMAL PASHA , JUDGE

// TRUE COPY //

PA to Judge

B.A.8094 of 2014

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Binu. E v. State of Kerala

Case brief

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What did the court decide?

Binu. E v. State of Kerala

Case brief

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