This court heard a bail application filed by an accused trespassing and assaulting the complainant. After considering the nature of allegations and injuries, the court refused pre-arrest bail and advised surrender for consideration.
Pre-arrest bail refused; petitioner advised to surrender within ten days for further bail consideration.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 9TH DAY OF NOVEMBER 2017/18TH KARTHIKA, 1939 Bail Appl..No. 7416 of 2017 () ------------------------------CRIME NO.678/2017 OF BALUSSERY POLICE STATION, KOZHIKODE
PETITIONER(S)/ACCUSED:
SHINOJ KUMAR K.K., AGED 37 YEARS, S/O.AANDI, KULANGARATHUKANDY HOUSE, KOTTAMPARAMBA POST, KOZHIKODE DISTRICT.
BY ADV. SRI.NIRMAL S.
RESPONDENT(S)/COMPLAINANT: --------------------------
STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, BALUSSERY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031.
BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
RAJA VIJAYARAGHAVAN V., J
B.A. No.7416 of 2017
Dated this the 9th day of November, 2017
O R D E R
~~~~~~
Criminal Procedure.
BA.No.7416/2017
2
petitioner is a business man and based on the request made by the de facto complainant he had handed over possession of his house under a mortgage arrangement. Certain sums of money was handed over to the petitioner by the de facto complainant. When de facto complainant refused to vacate the premises, there occurred an altercation. Injuries were sustained by the petitioner as well. According to the learned counsel, the dispute is purely civil in nature and the injuries sustained by the de facto complainant is highly exaggerated.
5.The learned Public Prosecutor has opposed the submissions. He has made available the Case Diary for perusal, which reveals that the victim lady has sustained several injuries which include a fracture on her ring finger. Learned Public Prosecutor would submit that whatever be the cause of dispute, the petitioner has trespassed into the house of a lady, where she resides with her children and has assaulted her causing injuries.
BA.No.7416/2017
3
6.Having regard to the nature and gravity of the allegations, the stature of the victim, the injuries sustained and other facts and circumstances, I am not inclined to exercise my discretionary jurisdiction to grant pre-arrest bail to the petitioner herein.
7.At this stage, the learned counsel prays that an opportunity be granted to the petitioner to surrender before the investigating officer and to co-operate with the investigation. If the petitioner is so advised, he may surrender before the investigating officer, within ten days from today. If he so surrenders, he shall be interrogated and shall be produced before the court having jurisdiction on the same day itself. If an application for bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits.
The application is dismissed.
Sd/RAJA VIJAYARAGHAVAN V., JUDGE
ps/9/11/2017
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner alleging offences under Sections 323, 325, 354, 406, and 420 of the IPC.
Whether the dispute is civil in nature or cognizable criminal matter warranting denial of bail.
2 provisions across 2 enactments
SHINOJ KUMAR K.K.
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
