Allowed

Prasannakumar v. State of Kerala

Kerala HC7 Mar 2017Bail Appl./407/2017

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the accused under Section 438 Cr.P.C. notifying offences of voluntarily causing hurt and criminal mischief, as no grievous hurt was sustained and detention was not necessary for investigation.

What did the court decide?

Petitioner released on bail with bond of Rs.25,000/- and two sureties, conditional upon interfrogation, non-influence on witnesses, and surrender of passport.

Prasannakumar Vs State of Kerala — Bail and Remand | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

TUESDAY, THE 7TH DAY OF MARCH 2017/16TH PHALGUNA, 1938

¶5

Bail Appl..No. 407 of 2017

¶6

CRIME NO. 1447/2016 OF PANGODE POLICE STATION, THIRUVANANTHAPURAM

¶7

PETITIONER(S)/ACCUSED :

¶8

PRASANNAKUMAR, AGED 35 YEARS, S/O. KUTTAN, ANANDA VILASOM, MUTHUVILA P.O, KALLARA VILLAGE, ANAKUDI MURI, NEDUMNGAD TALUK, THIRUVANANTHAPURAM.

¶9

BY ADVS. SRI.G.RANJU MOHAN

¶10

SMT.M.SANTHI (K/868/2011)

¶11

RESPONDENT(S)/STATE :

¶12

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

¶13

BY PUBLIC PROSECUTOR SRI. AJITH MURALI

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

Msd.

¶16

K.ABRAHAM MATHEW, J.

¶17

B.A.No. 407 of 2017

¶18

Dated this the 7^th day of March, 2017

¶19

ORDER

¶20

Petition filed under Section 438 Cr.P.C.

¶21

Petitioner is the accused in Crime No.1447 of 2016 of Pangode

¶22

Police Station registered for the offences under Sections 323, 324, 427 and 452 IPC.

¶23

The prosecution case is that he trespassed into the barber

¶24

shop of the victim and assaulted him with a chopper causing him some injuries on his left thumb.

¶25

Heard the learned counsel for the petitioner and the first informant and learned Public Prosecutor.

¶26

Admittedly, the victim did not sustain any grievous hurt. His detention is not necessary for effective investigation.

¶27

In the result, this Bail Application is allowed.

¶28

i. The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the investigating officer in connection with this case.

¶29

ii. He shall appear before the investigating

¶30

B.A.No. 407 of 2017 2

¶31

officer for interrogation on 7^th and 14^th days after his release.

¶32

iii. He shall not intimidate or attempt to

¶33

influence the witnesses, nor shall he get himself

¶34

involved in any other criminal case.

¶35

iv. He shall surrender his passport before the

¶36

lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

¶37

If he surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

¶38

In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law. This order is not an impediment for the investigating officer to effect recovery of the weapon if the facts justify it.

¶39

K.ABRAHAM MATHEW JUDGE

¶40

Prasannakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Prasannakumar v. State of Kerala

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

Rasheed Poolakkal Vs State of Kerala

Fousiya Kunnan Vs State of Kerala

Haroof Vs State of Kerala

Vinodkumar K E Vs State of Kerala

Bijo Vs the Sub Inspector of Police

M.Ajith Kumar Vs State of Kerala