Allowed

Ajayakumar @ Kuttappan v. State of Kerala

Kerala HC25 Aug 2016Bail Appl./2757/2016

Case brief

AI extract

What is this about?

Single paragraph bail order allowing interim bail to the accused in IPC offences of outrage to modesty and voluntarily causing grievous hurt. Court observed no objection from prosecution and granted bail on bond and sureties.

What did the court decide?

Petitioner released on bail on bond for Rs.30,000 with two solvent sureties, subject to conditions for reporting and not tampering with investigation.

Ajayakumar @ Kuttappan Vs State of Kerala — Bail and Remand | 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 B.SUDHEENDRA KUMAR

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THURSDAY, THE 25TH DAY OF AUGUST 2016/3RD BHADRA, 1938

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Bail Appl..No. 2757 of 2016 ()

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CRIME NO. 310/2016 OF ARYANAD POLICE STATION, THIRUVANANTHAPURAM DIST.

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PETITIONER/ACCUSED:

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AJAYAKUMAR @ KUTTAPPAN, AGED 31 YEARS, S/O. BHANU, THANNIMOODU, THADATHARIKATHU VEEDU, PALEKONAM, ARYANAD, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695 542.

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BY ADV. SRI.R.B.RAJESH.

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RESPONDENTS/STATE:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.

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2. THE SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695 542.

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BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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B.SUDHEENDRA KUMAR, J

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B.A.2757 of 2016

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- - - - Dated 25^th August, 2016

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ORDER

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The petitioner is the accused in crime No.310 of 2016 of Aryanad police station, Thiruvananthapuram, registered for offences under Sections 294(b), 447, 326 and 427 of IPC.

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The prosecution allegation is that on 18.2.2016 at 10.p.m, the petitioner trespassed into the compound of the house of the de facto complainant and uttered abusive words. He also pelted stones towards the house. When the de facto complainant and her husband came out of their house and questioned, the petitioner kicked on the abdomen of her husband and pushed him on the heap of granite stones, causing injuries including fracture on the spinal code of her husband. The de facto

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BA.2757/16

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complainant also sustained contusion on her right eye in the incident.

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The petitioner has filed this

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application under Section 438 of the Code of Criminal Procedure.

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Heard.

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The learned Public Prosecutor has no serious objection in allowing this application. It has been submitted by the learned Public Prosecutor that the petitioner is not involved in any other offence of similar nature. The petitioner did not use any weapon to attack the de facto complainant or her husband. The injury was sustained by the husband of the de facto complainant, when he was pushed down by the petitioner. considering the facts and circumstances of the case, I am inclined to grant the relief under Section 438 of the Code in favour of the petitioner.

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In the result, this application stands allowed and the respondents are directed to

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BA.2757/16

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release the petitioner on bail, in the event of his arrest in connection with crime No.310 of 2016 of Aryanad police station, on condition of the petitioner executing a bond for Rs.30,000/-, with two solvent sureties, each for the like sum, to the satisfaction of the second respondent before whom the petitioner shall surrender within fifteen days from today, if not arrested in the meantime and subject to the following further conditions:-

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(i). The petitioner shall report before the Investigating Officer on every Monday between 9.00 and 11.00 am for three months and thereafter, as and when required by the Investigating Officer for interrogation.

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(ii). The petitioner shall not influence or intimidate the witnesses or in any way tamper with the investigation.

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BA.2757/16

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(iii). The petitioner shall not get involved in any offence while on bail.

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B.SUDHEENDRA KUMAR Judge

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Mrcs/25.8.2016

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/true copy/

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P.S to judge

Ajayakumar @ Kuttappan v. State of Kerala

Case brief

What is this about?

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Ajayakumar @ Kuttappan v. State of Kerala

Case brief

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