Dismissed

Akhil v. State of Kerala

Kerala HC23 Oct 2019Bail Appl./6821/2019

Case brief

AI extract

What is this about?

The High Court at Ernakulam considered a bail application under Section 438 CrPC for offences including assault andthalmic injury. Rejecting the claim of political motive, the court noted serious injuries and the applicant's criminal history. The application for pre-arrest bail was dismissed.

What did the court decide?

Application for anticipatory bail under Section 438 CrPC was dismissed; instructions to appear before the Investigating Officer were given.

Akhil 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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941

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Bail Appl..No.6821 OF 2019

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CRIME NO.900/2019 OF KANAKAKUNNU POLICE STATION , ALAPPUZHA

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PETITIONER/ACCUSED NO.1:

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AKHIL

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AGED 25 YEARS S/O.UDAYAMMA, THIRUVANDIKKAL, KIZHAKKATHIL, PUTHYAVILAMURI, KANDALLUR VILLAGE.

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BY ADV. SRI.B.RENJITHKUMAR

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RESPONDENT:

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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 23.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6821 OF 2019

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ORDER

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This application is filed by the applicant herein under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the FIR, being Crime No.900/2019 registered with Kanakakunnu Police Station, for offence punishable under Sections 294(b), 323, 324, 506, 308 r/w 34 of the IPC.

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The aforesaid crime was registered on the strength of statement given by one Sandeep. In the statement furnished by him, it is alleged that the accused were inimical towards him as his elder brother had lodged a complaint before the police against them. Owing to the said inimity, on 02.08.2019 at about 4.30 pm, the applicant along with his friend, one Devan, came in a scooter and the applicant herein is alleged to have inflicted a stab injury with a knife. It is further alleged that the applicant assaulted the friend of the informant one Mahesh and caused injuries.

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Sri. B.Renjithkumar, the learned counsel appearing for the applicant, submitted that the applicant is innocent. According to the learned counsel, the applicant had changed his party affiliation and hence, he was roped in.

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The learned Public Prosecutor has very emphatically opposed the prayer. It is submitted that Sandeep had suffered serious injuries on his scalp and this fact is evident from the medical records. It is further submitted that the applicant is a person with criminal antecedents with 4 crimes registered against

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Bail Appl..No.6821 OF 2019

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him, out of which, two have been registered for violating the provision of the NDPS Act, 1985.

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I have considered the submissions advanced and have perused the

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records. Having regard to the nature of allegations, the seriousness of injuries inflicted and the antecedents of the applicant, I am not persuaded to grant an order of pre-arrest bail to the applicant.

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I direct the applicant to appear before the Investigating officer forthwith and co-operate with the investigation. On production before the jurisdictional court, 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 will stand dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN, V.

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JUDGE

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IAP

Akhil v. State of Kerala

Case brief

What is this about?

What did the court decide?

Akhil 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

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Case details

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