Dismissed

Suresh Kumar v. State of Kerala

Kerala HC18 Jan 2016Bail Appl./133/2016

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam dismissed a pre-arrest bail application filed by Suresh Kumar accused of offences under Sections 294(b), 324, 307 r/w 34 IPC. The court held that the case involving stab injuries to both gluteal region and chest/lungs was not fit for bail.

What did the court decide?

The pre-arrest bail application was dismissed; the petitioner is to remain in judicial custody.

Suresh Kumar Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2016)

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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 SUNIL THOMAS

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MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937

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Bail Appl..No. 133 of 2016 ()

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CRIME NO. 1594/2015 OF VILAPPILSSALA POLICE STATION, THIRUVANANDAPURAM DISTRICT

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PETITIONER/ACCUSED :

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SURESH KUMAR, AGED 47 YEARS, S/O. JOHNSON NADAR, RESIDIG AT KARTHIKA, PULIYARAKONAM P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM.

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BY ADVS.SMT.M.SANTHI (K/868/2011) SRI.G.RANJU MOHAN

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RESPONDENT/STATE :

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

SUNIL THOMAS, J.

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B.A.No.133 of 2016

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=================

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Dated this the 18^th day of January, 2016

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ORDER

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Petitioner is the sole accused in Crime No.1594 of 2015 of the Vilappilsala Police Station for offences punishable under Sections 294(b), 324, 307 r/w 34 of the Indian Penal Code.

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The allegation of the prosecution is that on 25.12.2015 at about 4.45 p.m, the accused due to a previous enmity caused bodily injuries on the de facto complainant and another person by name Arun. Both were rushed to the hospital and were treated there. He seeks pre-arrest bail.

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The records reveal that the de facto complainant had sustained a stab injury on the left gluteal region. The wound was 1.5 x 1cm, extending to 5 cm superiorly. He was admitted in the hospital on 25.12.2015 and discharged on 27.12.2015. The other injured had sustained a stab injury on the left side of the chest. There was lung contusion with collapse of left lower lobe. He was admitted in the hospital on 25.12.2015 and was discharged on 31.12.2015. Considering these facts, I feel that this is not a fit case

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B.A.133/16

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in which pre-arrest bail is liable to be granted.

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Learned counsel for the petitioner very vehemently contended that custodial interrogation may not be warranted since recovery of the weapon has been effected pursuant to a search conducted in his house. It is true that it is on record that the search was conducted in the house of the de facto complainant. The vehicle used in the incident was recovered. From beneath it, knife was also recovered. It was further contended that the petitioner being a person active in politics and known to the locality, there is no chance of he absconding. However, having regard to the nature of injury and the manner in which injury was inflicted and the further fact that two persons sustained injury, one of which was on a vital part, I feel that this is not a fit case in which a lenient view is liable to be taken.

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The bail application is dismissed.

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Sd/- SUNIL THOMAS Judge

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Sbna/18/1/16

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True Copy

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P A to Judge

Suresh Kumar v. State of Kerala

Case brief

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Suresh Kumar v. State of Kerala

Case brief

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