Kerala HC under Sec.438 Cr.P.C. granted bail to second accused in assault case with conditions but rejected anticipatory bail for first accused, directing him to approach Magistrate upon surrender.
Bail granted to second petitioner with conditions; bail rejected for first petitioner.
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 A.HARIPRASAD
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937
Bail Appl..No. 4950 of 2015 ()
CRIME NO. 926/2015 OF PARASSALA POLICE STATION, THIRUVANANDAPURAM DISTRICT
PETITIONERS/ACCUSED :
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1. RENNY GEORGE, AGED 31 YEARS, S/O GEORGE, ODALVILA PUTHEN VEEDU, PLAMOOTTUKADA.P.O. NEYYATTINKARA, THIRUVANANTHAPURAM DISTICT.
2. SHERIN GEORGE, AGED 19 YEARS, S/O GEORGE, ODALVILA PUTHEN VEEDU, PLAMOOTTUKADA.P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.BIJU BALAKRISHNAN SMT.V.S.RAKHEE SMT.PRINCY XAVIER
RESPONDENT :
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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. THROUGH THE SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION.
BY PUBLIC PROSECUTOR SMT. R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
A. HARIPRASAD, J.
Bail Appl. No.4950 of 2015
Dated this the 16th day of September 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
of 2015 of Parassala Police station registered for the offences punishable under Secs.294(b), 323, 324, 326 and 341 read with Sec.34 of the Indian Penal Code. The prosecution case is that on 18.07.2015 at about 8.30 p.m., while the defacto complainant was riding a motorcycle, the petitioners, who came on another motorcycle, picked up a quarrel with the defacto complainant and attacked him causing injuries. It is the allegation that the first accused hit him with a handle of knife on his face and caused fracture of his facial bone.
Bail Appl. No.4950 of 2015 2
the petitioners. Annexure-4 is the copy of the private complainant filed by the first petitioner, which was forwarded to the Police for investigation. Pursuant to that, Crime No.964 of 2015 was registered by Parassala Police. According to the learned counsel for the petitioners, they were attacked by the defacto complainant who is a known goonda in the locality.
inclined to grant the prayer of the 2nd petitioner with the following conditions.
before the investigating officer within a
period of two weeks and submit himself for interrogation.
Bail Appl. No.4950 of 2015 3
shall be released on his executing a bond for Rs.50,000/- (Rupees fifty thousand only)
with two solvent sureties each for the like sum to the satisfaction of the investigating officer.
the investigating officer is free to arrest him along with the said person.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
So far as the 1st petitioner is concerned the
Bail Appl. No.4950 of 2015 4
plea for anticipatory bail is rejected. The 1st petitioner, in the event of surrendering before the investigating officer, shall be questioned and produced before the learned Magistrate having jurisdiction on the same day. The petitioner is free to move for bail before the learned Magistrate. In that event, the learned Magistrate may consider the application on merits.
Sd/- A. HARIPRASAD JUDGE
/ True Copy / P.A. To Judge
NS
2 issues framed by the court
Whether to grant anticipatory bail to accused involved in mutuality assault charges under Sections 294, 323, 324, 326 and 341 IPC.
Whether to reject anticipatory bail plea for the first accused.
2 provisions across 2 enactments
Renny George
Sherin George
State of Kerala
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
