Disposed

Vaishnav Unnithan v. State

Kerala HC21 Oct 2016Bail Appl./7064/2016

Case brief

AI extract

What is this about?

This bail application was disposed of on a direction that petitioners surrender for interrogation before the Investigating Officer. The Court held there is no solid basis for Section 308 IPC and treated the case as one of assault causing grievous hurt under Section 326 IPC, trialable by a Magistrate.

What did the court decide?

Petitioners directed to surrender for interrogation; bail application disposed of on condition of surrender and subsequent production before Magistrate.

Vaishnav Unnithan Vs State — Anticipatory Bail | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.UBAID

¶4

FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938

¶5

Bail Appl..No. 7064 of 2016

¶6

CRIME NO. 1712/2016 OF SASTHAMCOTTAH POLICE STATION, KOLLAM

¶7

PETITIONER(S)/ACCUSED :

¶8

1. VAISHNAV UNNITHAN, AGED 29 YEARS, S/O. RAJENDRAN UNNITHAN, MUKALUVILA VEEDU, THEVALAPPURAM CHERRY, PUTHOOR, KOLLAM, NOW RESIDING AT SANKARA VILASOM VEEDU, NADUVIL MURI, NEAR KOTTEKUNNATHU TEMPLE, KUNNATHOOR VILLAGE, KOLLAM.

¶9

2. GIRISH, AGED 36 YEARS, S/O. KUNJUPILLAI PANICKER, AMBUVILA VEEDU, THEVALAPPURAM CHERRY, PUTHOOR, KOLLAM.

¶10

3. PRASANNA, AGED 54 YEARS, W/O. RAJENDRAN UNNITHAN, MUKALUVILA VEEDU, THEVALAPPURAM CHERRY, PUTHOOR, KOLLAM, NOW RESIDING AT SANKARA VILASOM VEEDU, NADUVIL MURI, NEAR KOTTEKUNNATHU TEMPLE, KUNNATHOOR VILLAGE, KOLLAM.

¶11

BY ADV. SRI.B.MOHANLAL

¶12

RESPONDENT/COMPLAINANT:

¶13

STATE, REPRESENTED BY THE STATION HOUSE OFFICER, SASTHAMCOTTAH POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

¶14

BY PUBLIC PROSECUTOR SRI K.A.ANAS

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.V.

P.UBAID, J.

~~~~~~~~~~

B.A No.7064 of 2016

¶20

~~~~~~~~~~~

¶21

Dated this the 21^st October, 2016

¶22

O R D E R

¶23

The petitioners herein seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.1712 of 2016 of the Sasthamcottah Police Station, involving the offences under Sections 294 (b), 320, 324, 326, 308, and 427 read with 34 of the Indian Penal Code. They are the accused Nos.1 to 3 in the the crime.

¶24

It is submitted now that the second petitioner stands deleted from the array of the accused. The petitioners 1 and 3 are respectively the accused Nos.1 and 2 in the crime. The other accused was earlier arrested by the Police, and it is submitted that he is now on bail.

¶25

It is submitted by the learned counsel that the Police has registered a counter case also against the complainant and others as Crime No.1713/2016 of Sasthamcotta Police Station.

¶26

B.A No.7064 of 2016

¶27

¶28

In the nature of the allegations, I feel it appropriate to direct the petitioners to surrender before the Investigating Officer for necessary interrogation. After such interrogation, the request for bail can be appropriately considered by the court below. That there is a counter case against the complainant and others will also be considered by the court below while taking decision on the request for bail. The injuries sustained on both sides will have to be examined by the court below on bail. Of course, as regards Section 308 I.P.C, I do not find any sold basis. This is only a case of assault involving the grievous hurt. What is at the most revealed is an offence under Section 326 I.P.C, which is triable by the Court of the learned Magistrate. Let appropriate decision on the request for bail be taken by the court below on examination of all the relevant aspects including the counter case and also the injuries sustained on the other side.

¶29

In the result, this bail application is disposed of as follows:

¶30

a. The petitioners shall surrender before the Investigating officer between 9 a.m and 10

¶31

B.A No.7064 of 2016

¶32

¶33

a.m on any day within seven days from this date for interrogation.

¶34

b. After such interrogation, the Investigating Officer will produce the petitioners before the learned Magistrate having jurisdiction on the same day before 4 p.m.

¶35

c. In case application for regular bail is filed by the petitioners, the same shall be judiciously considered and decided by the learned Magistrate on the same day.

¶36

Sd/- P.UBAID JUDGE

¶37

¶38

/True copy/

¶39

P.S to Judge

Vaishnav Unnithan v. State

Case brief

What is this about?

What did the court decide?

Vaishnav Unnithan v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Danish Majeed Vs State of Kerala

Tony @ Antony Vs the State of Kerala

Muhamed Faisal Vs State of Kerala

Prabhakaran Vs State of Kerala

Niyas Vs State of Kerala

B.Anilkumar Vs State of Kerala