Partly allowed

Pranav, v. State of Kerala

Kerala HC26 Aug 2019Bail Appl./5120/2019

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to two petitioners accused of grievous hurt and assault, considering they used no weapons and had no antecedents, while dismissing the application for the first petitioner who allegedly used a sharp-edged weapon causing serious injuries.

What did the court decide?

Bail allowed for Petitioners 2 and 3 on bond execution; bail application dismissed for Petitioner 1. Conditions of reporting and non-tampering imposed.

Pranav, Vs State of Kerala — Cheating and Forgery | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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MONDAY, THE 26TH DAY OF AUGUST 2019 / 4TH BHADRA, 1941

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Bail Appl..No.5120 OF 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 1105/2019 DATED 09-07-2019 OF DISTRICT COURT & SESSIONS COURT,THRISSUR

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CRIME NO.337/2019 OF Cherpu Police Station , Thrissur

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PETITIONERS:

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1 PRANAV,

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AGED 21 YEARS, S/O.RAJU,CHENTHANATTU HOUSE, P.O. VALLACHIRA,THAIKKATTUSSERY VILLAGE, THRISSUR-680562.

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2 ABHIJITH, AGED 20 YEARS, S/O.VINODHAN,PUTHUPULLY HOUSE, PO VALLACHIRA,VALLACHIRA VILLAGE, THRISSUR-680562.

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3 YESUDAS, AGED 21 YEARS, S/O.TONY, PALISSERY HOUSE, VALLACHIRA PO, THAIKKATTUSSERY VILLAGE, THRISSUR TALUK-680562.

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BY ADV. SRI.THOMAS J.ANAKKALLUNKAL

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RESPONDENTS/STATE & COMPLAINANT:

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

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2 THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION,THRISSUR DISTRICT.

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ADDL. AJITH .T.R. R3 S/O RAMANKUTTY, THOTTIPARAMBIL HOUSE, PO VALLACHIRA, VALLACHIRA VILLAGE-680562.

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IS IMPLEADED AS PER ORDER DATED 22.7.2019 IN

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CRL.MA NO.1/2019 IN BA-5120/2019.

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R3 BY ADV. SRI.MAHESH V.MENON SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.5120 OF 2019

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O R D E R

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The petitioners are accused in Crime No.337/2019 of Cherpu Police Station registered for the offences punishable under Sections 447, 341, 323, 326 and 308 read with Section 34 IPC.

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The petitioners have filed this application under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted

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that the second and the third petitioners are not involved in any other offence of similar nature. It

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has been further submitted by the learned Public Prosecutor that the first petitioner used a sharp edged weapon to inflict injuries on the injured persons. One of the injured persons sustained injuries including deep lacerated wound over his chest cutting the fourth rib. The other injured person

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Bail Appl..No.5120 OF 2019

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sustained injuries including deep transverse lacerated wound on abdominal wall. The recovery is to be effected from the first petitioner. It appears that the second and the third petitioners did not use any weapon to inflict any injury on the injured. They are also having no criminal antecedent. In the said circumstances, I am inclined to grant pre-arrest bail to petitioner Nos. 2 and 3. However, the first petitioner inflicted injuries including grievous hurt on the injured persons using a sharp edged weapon. The recovery of the weapon is to be effected from the first petitioner. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the first petitioner will not be justified in this case.

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In the result, this bail application stands dismissed as regards the first petitioner and allowed as regards petitioner Nos. 2 and 3 and respondent

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Bail Appl..No.5120 OF 2019

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Nos. 1 and 2 are directed to release petitioner Nos. 2 and 3 on bail in the event of their arrest in the above said crime, on condition of petitioner Nos.2 and 3 executing a bond for Rs.40,000/- (Rupees forty thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the second respondent, before whom petitioner Nos.2 and 3 shall surrender within ten days, if not arrested in the

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meantime and subject to the following further conditions:

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The petitioner Nos. 2 and 3 shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for three months and thereafter, as and when required by the Investigating Officer for interrogation.

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The petitioner Nos. 2 and 3 shall not intimidate or influence the witnesses or

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Bail Appl..No.5120 OF 2019

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in any way tamper with the investigation.

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The petitioner Nos. 2 and 3 shall not get involved in any other offence during the pendency of this case.

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The first petitioner is directed to surrender before the Investigating Officer within ten days, if not arrested in the meantime.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/26.08.19

Pranav, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pranav, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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