Dismissed

Sadanandan v. State of Kerala

Kerala HC21 May 2018Bail Appl./468/2018

Case brief

AI extract

What is this about?

In this bail application under Section 438 CrPC, the petitioner sought anticipatory bail for alleged offenses of voluntarily causing hurt. The court dismissed the application, held that the petitioner did not make out a case for bail, and directed surrender.

What did the court decide?

The applicant was not granted anticipatory bail and was directed to surrender before the Investigating Officer or the court of jurisdiction.

Sadanandan Vs State of Kerala — Cheating and Forgery | 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 RAJA VIJAYARAGHAVAN V MONDAY, THE 21ST DAY OF MAY 2018 / 31ST VAISAKHA, 1940 Bail Appl..No. 468 of 2018

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CRIME NO. 12/2018 OF ERAVIPURAM POLICE STATION , KOLLAM

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PETITIONER(S)/1ST ACCUSED.

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SADANANDAN S/O VASUDEVAN, AGED 60 YEARS, LAKSHAM VEEDU NO.4, KRISHNA PILLAI NAGER-123, VADAKKEVILA, NOW RESIDING AT VAYALIL PUTHEN VEEDU, HOUSE NO.XXIII/953, PANCHAYATH KULAM, KARSHAKA JUNCTION, KOLLAM.

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BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA

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RESPONDENT(S)/STATE:

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STATE OF KERALA THROUGH THE S.I OF POLICE, ERAVIPURAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R BY PUBLIC PROSECUTOR SRI.SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V, J

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B.A No.468 of 2018

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Dated this the 21^st day of May, 2018

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ORDER

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1.This application is filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the FIR, being Crime No.12 of 2018, registered with Eravipuram Police Station, for offence punishable under Sections 324, 326 r/w Sec. 34 of the IPC. He has been arrayed as the 1^st accused in the said crime.

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2.On 31.12.2017 at 10.00 p.m., the applicant herein along with the 2^nd accused approached the informant and the applicant is alleged to have assaulted the victim with a reaper causing a fracture.

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3.The learned counsel appearing on behalf of the applicant submitted that the allegations levelled against him are false and frivolous. According to the learned counsel, the informant and his friends were consuming alcohol in public view and when this was questioned there occurred a minor altercation.

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4.The learned Public Prosecutor has very emphatically opposed the submissions. It is submitted that the prayer is misconceived and arming the applicant with an order of anticipatory bail

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B.A No.468 of 2018

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would adversely affect the investigation. Referring to the wound certificate of the victim, it is submitted that the doctor has noted a fracture of his frontal bone.

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5.After considering the nature and gravity of the allegations, the materials in support thereof, the severity of the injury inflicted, the possibility of the applicant fleeing from justice, and other facts and circumstances, I am of the considered view that the applicant has not made out a case for Anticipatory Bail.

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6.The learned counsel prays that necessary directions be issued to enable him to surrender. If the applicant is so advised, he may surrender before the Investigating officer or the court having jurisdiction. If an application for bail is preferred before

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the Court, the same shall be considered and orders shall be passed expeditiously and on its merits.

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This petition will stand dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE //TRUE COPY//

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P.A TO JUDGE

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Sadanandan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sadanandan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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