Dismissed

Pramod v. State of Kerala

Kerala HC17 Oct 2019Bail Appl./6802/2019

Case brief

AI extract

What is this about?

The High Court of Kerala heard a bail application under Section 438 Cr.P.C. wherein the 1st applicant was not granted anticipatory bail due to investigation stages but directed to surrender immediately for investigations, while dismissing the application for the 2nd applicant who was already arrested.

What did the court decide?

The 1st applicant is directed to surrender immediately to the Investigating Officer; the application for the 2nd applicant is dismissed.

Pramod Vs State of Kerala — Anticipatory Bail | 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 17TH DAY OF OCTOBER 2019 / 25TH ASWINA, 1941

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Bail Appl..No.6802 OF 2019

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CRIME NO.1542/2019 OF SOORANADU POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED (A 1&2):

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1 PRAMOD, AGED 30 YEARS S/O.SASI, VALSALALAYAM, PADINJATTAM MURI, SOORANAD NORTH VILLAGE, KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN-690561

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2 VINESH, AGED 28 YEARS S/O.VIKRAMAN, KOCHUMURI VADAKKATHI, PADINJATTAM MURI, SOORNAD NORTH VILLAGE, KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN-690561

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BY ADV. SRI.P.V.DILEEP

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RESPONDENT/COMPLAINANT:

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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 THE STATION HOUSE OFFICER, SOORANAD POLICE STATION, SOORANAD.P.O., KOLLAM DISTRICT-690561

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SRI. B. JAYASURYA SR. PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6802 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 applicants herein are the accused Nos.1 and 2 in Crime No.1542 of 2019 of the Sooranad Police Station registered alleging offences punishable under Sections 294(b), 441, 323, 324, 308 r/w Section 34 of the IPC.

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On 10.09.2019, at about 8 pm, the applicants herein are alleged to have entered the residential home of one Akhil, the cousin brother of the informant and started manhandling him. When the informant intervened, the applicants herein are alleged to have attacked him with weapons. It is specifically alleged that the 1^st applicant was armed with a free-wheel and an iron rod with which he inflicted injuries on the head of the informant. The 2^nd accused is alleged to have wrongfully restrained the victim. When the family members of the informant intervened, they were also attacked.

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Sri.P.V.Dileep, the learned counsel appearing for the applicants, asserts that the applicants are innocent and that they have been falsely implicated. According to the learned counsel, the 2^nd accused has already been arrested and the application insofar as he is concerned, has become infructuous.

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The learned Senior Public Prosecutor has opposed the prayer. He highlighted the nature of allegations and submitted that the investigation is still

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Bail Appl..No.6802 OF 2019

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in the preliminary stages. He would refer to the case diary and also the wound certificate and submitted that the victim had suffered injuries on his scalp.

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I have considered the submissions advanced and have perused the materials made available. The investigation is still in the early stages and in view of the nature of allegations, it would not be proper for this Court to grant anticipatory bail to the 1^st applicant. However, I am of the view that necessary directions can be issued to the 1^st applicant to surrender before the Investigating officer and to co-operate with the investigation.

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I direct the 1^st applicant to surrender before the Investigating officer forthwith. After interrogation, he shall be produced before the learned Magistrate 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.,

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JUDGE

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IAP

Pramod v. State of Kerala

Case brief

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Pramod v. State of Kerala

Case brief

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