Allowed

Ajikumar v. State of Kerala

Kerala HC13 Nov 2018Bail Appl./6221/2018

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to the petitioners, who are accused of offences under Sections 452, 326, 324, 294(b), 506(ii), and 34 of the IPC, arising from a property dispute involving trespass and assault. The court noted a significant delay in filing the FIR and acknowledged an earlier police communication suggesting a settlement.

What did the court decide?

Pre-arrest bail granted on executing a bond of ₹40,000 each with two sureties for the same amount each, subject to conditions.

Ajikumar Vs State of Kerala — Bail and Remand | 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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TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940

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Bail Appl..No. 6221 of 2018

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CRIME NO. 611/2018 OF Neyyardam Police Station , Thiruvananthapuram

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PETITIONERS/1ST AND 2ND ACCUSED:

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1 AJIKUMAR

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AGED 43 YEARS S/O KRISHNA NAIR, KRISHNA BHAVAN, KOTTOOR NEYYAR DAM, THIRUVANANTHAPURAM

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2 SANEEP, S/O.AJIKUMAR, KRISHNA BHAVAN, KOTTOOR, NEYYAR DAM, THIRUVANANTHAPURAM.

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BY ADV. SRI.M.R.SASITH

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RESPONDENT/S:

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1 STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 THE SUB INSPECTOR, NEYYAR DAM POLICE STATION, THIRUVANANTHAPURAM-695001.

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OTHER PRESENT:

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 6221 of 2018

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O R D E R

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The petitioners are accused No.1 and 2 in crime no.611/2018 of Neyyar Dam Police Station for the offences punishable under Sections 452, 326, 324, 294(b), 506(ii), 34 of IPC.

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According to the defacto complainant due to dispute regarding the property on 2.7.2018 the petitioners herein trespassed into the house of the defacto complainant and the first accused attempted to hit with a chopper. The second accused, who is the son of the first accused hit on the face with a piece of granite. The defacto complainant allegedly fell down and lost his two teeth. He was taken to the hospital and complaint was laid.

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According to the learned counsel for the petitioners even though the incident allegedly happened on 2.7.2018, the F.I.S is seen laid only on 30.8.2018. This long delay has not been explained. It was also contended that the present complaint was laid much after registration of a crime at the instance of the petitioners herein on 29.8.2018 as crime No.604/2018 in the same police station. At the time of hearing, the learned counsel for the petitioners also produced before me a communication received from the Neyyar Dam police station under the RTI Act, which shows that the complaint between the parties was discussed and

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Bail Appl..No. 6221 of 2018

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settled on 9.7.2018 at Neyyar police station. Evidently, even on 9.7.2018 the defacto complainant did not have a case that he was assaulted by the petitioners herein.

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Having considered these facts, I am inclined to grant the benefit of pre-arrest bail to the petitioners herein on the following conditions:

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(i) Petitioners shall appear before the Investigating Officer within 10 days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail, on they executing a bond for a sum of ₹.40,000 (Rupees forty thousand only) each, with two sureties for the like sum each.

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(ii) They shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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(iii)They shall appear before the Investigating Officer as and when called for and co-operate with the investigation.

Sd/-

SUNIL THOMAS

JUDGE

shg

Ajikumar v. State of Kerala

Case brief

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What did the court decide?

Ajikumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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