Dismissed

Sree Lal @ Sreekuttan v. State of Kerala

Kerala HC22 Nov 2018Bail Appl./1844/2018

Case brief

AI extract

What is this about?

This court dismissed the bail application of the first accused in a criminal案件中 involving assault and weapon use, citing specific overt acts and injury inflicted. However, the court observed that the second accused had not used a weapon and allowed him to surrender for investigation before applying for bail.

What did the court decide?

Bail application of the first accused dismissed; second accused directed to surrender for investigation to enable bail consideration.

Sree Lal @ Sreekuttan Vs State of Kerala — Anticipatory Bail | Kerala HC (2018)

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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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THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940

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Bail Appl..No. 1844 of 2018

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AGAINST THE ORDER IN CRL.MC 475/2018 OF SESSIONS COURT, THIRUVANANTHAPURAM DATED 07-03-2018

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CRIME NO. 79/2018 OF VELLARADA POLICE STATION , THIRUVANANTHAPURAM

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PETITIONERS/A1 & A2:

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1 SREE LAL @ SREEKUTTAN AGED 23 YEARS S/O. SREEKUMARAN NAIR, SREE NILAYAM, THATTITTAMBLAM, KARAKONAM P.O, THIRUVANANTHAPURAM.

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2 SYAM KRISHNAN AGE 19 , S/O. RADHAKRISHNAN, KADAYARA VEEDU, THOLADI, KARAKONAM P.O., THIRUVANANTHAPURAM

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BY ADV. SRI.SHAJIN S.HAMEED

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED THROUGH THE SUB-INSPECTOR OF POLICE, VELLARADA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 1844 of 2018

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O R D E R

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The petitioners herein are accused Nos.1 and 2 in Crime No.79/2018 of Vellarada Police Station, Thiruvananthapuram District, for offences punishable under sections 341, 323, 324, 308 & 34 of the Indian Penal Code and Section 27 of Arms Act, 1959.

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The allegation of the prosecution is that, when the defacto complainant was travelling as a pillion rider in a motor cycle, the petitioners herein who were riding on the motor cycle of the person who was originally arrayed as the third accused, over took him from behind and stopped the bike in front of vehicle of defacto complainant. The petitioners herein alighted from the vehicle and intercepted the defacto complainant. The second accused allegedly kicked him down and the first accused using a sword kept on his shirt attempted to hit him. He inflicted injury near the scapula. Crime was registered and the petitioners herein apprehending arrest, seek bail.

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It seems that the first accused hit on the body of

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Bail Appl..No. 1844 of 2018

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the defacto complainant. Injury is of a length of 10 cm x 3 cm over the right shoulder area. He was taken to the nearby hospital, from where he was referred to Medical College Hospital, Karakonam. Specific overt acts are attributed to the first and second accused. Hence, I am not inclined to grant pre-arrest bail to the petitioners herein. Bail application of the first accused is dismissed.

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However, since the second accused has not used any weapon, he may surrender before the investigating officer within ten days from today. After interrogation, identification and recovery, if any, he may be produced before the jurisdictional Magistrate on the same day itself and the court below may consider the bail application, if any, filed by him on merits on the same day itself.

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Bail application is disposed of as above.

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Sd/-

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SUNIL THOMAS, JUDGE

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//True Copy// PA to Judge

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R.AV

Sree Lal @ Sreekuttan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sree Lal @ Sreekuttan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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