Partly allowed

Jayakrishnan v. State of Kerala

Kerala HC7 Nov 2018Bail Appl./541/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a bail application filed by two accused persons. Bail was allowed to the first petitioner (accused No. 2) subject to conditions including inquiry attendance and a bond. Bail was rejected for the second petitioner (accused No. 1) due to the severity of injuries he inflicted.

What did the court decide?

Bail allowed to petitioner (accused No. 2) on bond; bail rejected to petitioner (accused No. 1).

Jayakrishnan Vs State of Kerala — Anticipatory Bail | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

WEDNESDAY,THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940

¶5

Bail Appl..No. 541 of 2018

¶6

CRIME NO. 72/2018 OF Yeroor Police Station , Kollam

¶7

PETITIONER/ACCUSED:

¶8

1 JAYAKRISHNAN, S/O. SURESH, HARIKRISHNA VILASAM, KARAVALOOR P.O, KARAVALOOR, KOLLAM DISTRICT.

¶9

2 MANOJ U, S/O. UNNI, SURESH MANDIRAM, VAYALA P.O, VAYALA,KOLLAM DISTRICT.

¶10

BY ADVS. SRI.SAM ISAAC POTHIYIL SMT.N.S.HASNA MOL

¶11

RESPONDENT/STATE & DEFACTO COMPLAINANT:

¶12

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

¶13

2 S.I OF POLICE YEROOR POLICE STATION, YEROOR, KOLLAM.

¶14

OTHER PRESENT:

¶15

SR.PP C.N PRABHAKARAN

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA No.541/2018

O R D E R

Petitioners are accused Nos. 2 and 1 respectively in Crime No.72/2018 of Yeroor Police station for offences punishable under sections 294B, 324, 308 read with section 34 IPC.

¶21

Allegation of the prosecution is that, the petitioners herein, due to previous enmity, wrongfully restrained the defacto complainant and inflicted injuries on him. Complaint was laid, crime was registered and the investigation is progressing.

¶22

It seems that, first accused, who is the second petitioner herein, had hit on the head of the defacto complaint with a brick. This caused lacerated wound on the top of the head with 3 c.m. deep. The second accused, who is the first petitioner, had inflicted injury with stick. No corresponding serious injuries are seen inflicted.

¶23

Having considered the above facts, I am inclined to grant bail to the second accused, who is the first petitioner herein. Bail application of the second petitioner is liable to be rejected considering the nature of the injuries inflicted by him and the situs of the injuries.

¶24

In the above circumstances, bail application filed by the second petitioner is dismissed. Bail application of the first petitioner, who is the second accused, is allowed subject to the following conditions:

¶25

(i). First petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if

¶26

BA No.541/2018

¶27

¶28

he is proposed to be arrested, he shall be released on bail onhe executing a bond for a sum of Rs.40,000/-(Rupees forty thousand only) with two sureties for the like sum each.

¶29

ii). He shall appear before the Investigating officer on all Thursdays between 9.00 a.m. and 10.00 a.m. for a period of two months from the date of execution of the bond.

¶30

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

¶31

iv). He shall not get involved in any other offence.

Sd/-

SUNIL THOMAS

JUDGE

dpk

Jayakrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jayakrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lithin Vs the State of Kerala

Babu T.D. @ Mathai Vs State of Kerala

Renjith Ambadi, Vs the State of Kerala

Ashraf @ Achappi Vs State of Kerala

Mukesh Vs State of Kerala

Sooraj @ Kochumon Vs State of Kerala