Dismissed

Biju C Raju, v. the State of Kerala

Kerala HC10 Oct 2019Bail Appl./6771/2019

Case brief

AI extract

What is this about?

The High Court disposed of a bail application filed under Section 438 CrPC. The court rejected the request for pre-arrest bail due to the seriousness of the alleged injuries and directed the applicant to surrender to the Investigating Officer.

What did the court decide?

The application for anticipatory bail was dismissed; the petitioner was directed to surrender before the Investigating Officer.

Biju C Raju, Vs the State of Kerala — Bail and Remand | 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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941

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Bail Appl..No.6771 OF 2019

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CRIME NO.1563/2019 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA

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PETITIONER/ACCUSED NO.1:

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BIJU C RAJU, AGED 37 YEARS, S/O RAJU, CHELAKKAPPALLI HOUSE, KUMARAKOM P.O., KOTTAYAM.

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BY ADVS. SRI.C.S.MANILAL SRI.S.NIDHEESH

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RESPONDENT:

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

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SRI. RAMESH CHAND PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6771 OF 2019

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ORDER

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This application is filed under Section 438 of the Cr.P.C.

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The applicant herein is the 1^st accused in Crime No. 1563/2019

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registered at the Thiruvalla Police Station under Section 323, 326, 308 r/w Section 34 of the Indian Penal Code.

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From the prosecution records, it appears that on 25.08.2019, the victim along with his friend Regi, went to the Basotta bar where the applicant herein is working as a bar man. It is alleged that there occurred an altercation between the employees of the bar and the victim. It is alleged that the applicant attacked the victim and caused serious injuries.

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The learned counsel appearing for the applicant submits that the applicant is innocent of all allegations. According to the learned counsel, the informant has no case that it was the applicant, who had inflicted injuries. He urges that the informant was the actual aggressor, who, after consuming alcohol, had picked up a quarrel with the employees. While he was rushing out, as he was in an inebriated state, his face dashed against the wooden door resulting in a fracture.

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The learned Public Prosecutor has stoutly opposed the prayer. Referring to the statement of the victim and the witnesses to the occurrence, it is submitted that the role of the applicant herein is clearly evident. He also refers to the wound certificate of the victim and it is submitted that the victim

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Bail Appl..No.6771 OF 2019

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had suffered not less than 5 fractures.

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I have considered the submissions advanced and have perused the materials made available. I am unable to accede to the submission of the learned counsel that the allegations against the applicant herein are frivolous and fictitious. The records clearly show that serious injuries were sustained by the victim. In that view of the matter, this Court will not be justified in granting an order of pre-arrest bail to the applicant.

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At this stage Sri.C.S.Manilal, the learned counsel, submits that the applicant is ready to co-operate with the investigation. I direct the applicant to surrender before the Investigating officer forthwith. After interrogation, he shall be produced before the Court having jurisdiction. If an application for regular bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits.

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This application is dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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IAP

Biju C Raju, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Biju C Raju, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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