Allowed

Vinod @ Vinod Kumar v. the State of Kerala

Kerala HC28 Nov 2018Bail Appl./4718/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, bench of Justice Sunil Thomas, allowed a bail application filed by Vinod Kumar accused of assault, attempt to cause grievous hurt, and criminal intimidation. The court found custodial interrogation not essential as allegations rely on oral testimony and granted bail subject to conditions including interrogation within ten days and a bond.

What did the court decide?

Bail allowed; must appear before investigation officer within ten days for interrogation; release on bond of Rs.40,000 with two sureties of Rs.40,000 each.

Vinod @ Vinod Kumar Vs the 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 SUNIL THOMAS

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WEDNESDAY,THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940

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Bail Appl..No. 4718 of 2018

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CRIME NO. 384/2018 OF KASARAGOD POLICE STATION , KASARGOD

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PETITIONER/ACCUSED NO.1:

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VINOD @ VINOD KUMAR AGED 38 YEARS S/O.SUKUMARAN, BHANDARA VEEDU,NELLIKKUNNU, KASABA VILLAGE, KASARAGOD DISTRICT - 671 123.

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BY ADVS.

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SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH

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RESPONDENT/STATE:

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1 THE STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, ERNAKULAM - 682 031.

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2 SUB INSPECTOR OF POLICE KASARAGOD POLICE STATION, KASARAGOD DISTRICT - 671 121.

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PP AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 4718 of 2018

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O R D E R

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The petitioner herein stands as the accused in Crime No.384 of 2018 of Kasaragod Police Station, for offences punishable under sections 341, 308 and 506(ii) read with section 34 of the Indian Penal Code, seeks bail.

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It is alleged by prosecution that the petitioner herein along with the second accused on 21.5.2018 at 8.30 pm., wrongfully restrained him and thereafter attempted to stab him with a soda bottle. When he escaped, one of the accused threw soda bottle aimed at him. He moved to one side and hence he got injured.

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It is reported that the second accused has been arrested. The learned counsel for the petitioner pointed out that when one person who was running forward, there was no chance of he was seeing the overt act of another person, who is behind him. The

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Bail Appl..No. 4718 of 2018

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defacto complainant has not sustained any injury. The petitioner is involved in two other crimes. Since the allegation against the petitioner herein is to be proved essentially by the oral evidence of the eye witnesses, I am inclined to hold that a custodial interrogation of the petitioner herein is not absolutely essential. Hence, the bail application is allowed as follows:

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(i) Petitioner shall appear before the investigation officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.

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(ii) He shall appear before the investigating officer as and when called for.

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(iii) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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(iv) He shall not get involved in any other crime.

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Bail Appl..No. 4718 of 2018

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Anticipatory bail application is allowed as above.

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sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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//True Copy// PA to Judge

Vinod @ Vinod Kumar v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Vinod @ Vinod Kumar v. the State of Kerala

Case brief

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