Allowed

Noble v. State of Kerala

Kerala HC3 Oct 2018Bail Appl./4857/2018

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC, the Kerala High Court observed that the applicant suffered serious injuries and was allegedly incapacitated by other accused. The court held that custodial interrogation was unnecessary and allowed the bail application subject to specific conditions regarding cooperation with investigation and surety bonds.

What did the court decide?

Application allowed; applicant released on bail upon execution of a bond for Rs. 50,000 with two sureties and compliance with specific conditions.

Noble Vs State of Kerala — Service and Employment | 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

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WEDNESDAY,THE 03RD DAY OF OCTOBER 2018 / 11TH ASWINA, 1940

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Bail Appl..No. 4857 of 2018

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CRIME NO. 173/2018 OF THANKAMANI POLICE STATION, IDUKKI

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PETITIONER/S:

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NOBLE, AGED 28 YEARS, S/O.JOHNY, JOFAMILY HOUSE, UDAYAGIRI P.O., THANKAMANI VILLAGE, IDUKKI DISTRICT.

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BY ADVS. SRI.JOBI.A.THAMPI SRI.GEM KORASON

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RESPONDENT/S:

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

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2 STATION HOUSE OFFICER THANKAMANI POLICE STATION, IDUKKI DISTRICT - 685 602.

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BY SR. PUBLIC PROSECUTOR MR.C.N.PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

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This application is filed under Section 438 of the Code of

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Criminal Procedure.

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The applicant herein is the 2^nd accused in Crime No.173 of 2018 registered at the Thankamani Police Station. In the aforesaid crime, he along with accused Nos.1 and 3 are being proceeded

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BA:4857/18

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against for having committed offences punishable under Sections 294(b), 342, 506 (i) r/w Section 34 of the IPC and Sections 3 r/w. 4 of the Kerala Health Care Service Persons and Health care Institution (Prevention of Violence and Damages to Property) Act, 2012.

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The applicant herein was stabbed on his abdomen by one Abhilash, on 3.6.2018, and the people who had collected at the spot, removed him to the Thankamony Co-operative Hospital. The accused Nos.1 and 3 were the persons who took the applicant to the hospital. They had a skirmish with the casualty doctor. It is alleged that they closed the door of the casualty room from outside and wrongfully confined the doctor. They also committed mischief and committed loss to the tune of Rs.1,000/-.

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The learned counsel appearing for the applicant submitted that the applicant had suffered very serious stab injuries at the hands of one Abhilash and Crime No.175 of 2018 has been registered against the said accused. When the people who accompanied him felt that proper treatment was not being imparted to the applicant, they had questioned the doctor and requested for a reference. This resulted in an altercation between the accused Nos.

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1 and 3 and the hospital personnel. When these incidents were

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BA:4857/18

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taking place, the applicant herein was lying on a stretcher. It is further submitted that the applicant was later taken to the Taluk Hospital, Thankamani, for treatment. It is urged that urgent intervention had to be carried out to prevent blood loss and to save the life of the applicant. The overt acts were all committed by the accused Nos.1 and 3 and they were arrested and remanded. The applicant had no role to play, according to the learned counsel.

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The learned Public Prosecutor, on instructions, submitted that the applicant herein had sustained serious injuries in the prior incident and he was incapacitated. No serious objection is raised in granting bail to the applicant, in the facts and circumstances. He concurs with the submission of the learned counsel that the accused Nos.1 and 3 have been arrested.

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I have considered the submissions advanced. Having gone through the materials on record, it appears that the applicant herein had sustained serious injuries in the earlier incident. The over acts were all committed by accused Nos.1 and 3. In that view of the matter, the custodial interrogation of the applicant herein does not appear to be necessary for conducting an effective investigation in the instant case.

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BA:4857/18

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In the result, this application will stand allowed. The applicant shall appear before the Investigating 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 his

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executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above

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order shall be subject to the following conditions:

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i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.

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ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.

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iii) He shall not commit any similar offence while on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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krj

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// True Copy // P.A.To Judge

Noble v. State of Kerala

Case brief

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Noble v. State of Kerala

Case brief

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