Dismissed

Rajesh v. State of Kerala

Kerala HC16 Oct 2019Bail Appl./6849/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an anticipatory bail application filed by the accused in a case involving grievous hurt. Finding no frivolous allegations and corroborating evidence from the wound certificate, the court held that no justification existed for pre-arrest bail, directing the applicant to cooperate with the investigation.

What did the court decide?

The anticipatory bail application was dismissed; the applicant was directed to surrender before the Investigating Officer forthwith.

Rajesh 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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WEDNESDAY, THE 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941

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Bail Appl..No.6849 OF 2019

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CRIME NO.680/2019 OF MALA POLICE STATION, THRISSUR DISTRICT

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PETITIONER/ACCUSED:

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RAJESH, AGED 38 YEARS S/O. RAJAPPAN, CHOOLACKAL HOUSE, KUNDOOR (P.O.), MALA, THRISSUR DISTRICT.

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BY ADV. SRI.NIREESH MATHEW

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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SRI. RAMESH CHAND PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6849 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 accused in Crime No.680/2019 registered at the Mala Police Station under Sections 341, 324 and 308 of the Indian Penal Code.

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On 11.9.2019 at 11.45 a.m., the applicant is alleged to have inflicted injuries on the informant with a penknife.

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The learned counsel appearing for the applicant submitted that at the instance of the applicant herein, Crime No. 685 of 2019 was registered inter alia under Sections 341 and 324 r/w. Section 34 of the IPC.

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The learned Public Prosecutor has opposed the prayer. Relying on the wound certificate of the victim, it is submitted that multiple incised wounds were inflicted and the doctor has reported that the injuries are grievous.

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The Courts while considering a bail application will have to maintain a fine balance between societal interest vis-a-vis personal liberty while adhering to the fundamental principle of criminal jurisprudence that the accused is presumed to be innocent until proven guilty by a competent court. However, when the accused is alleged to have committed a cognizable and non-bailable offence and when there are materials pointing to his involvement, it would not be proper for this Court to interfere with the powers of the police and give him a blanket protection under

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Bail Appl..No.6849 OF 2019

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Section 438 of the Cr.P.C. In the case on hand, there is nothing to conclude that the allegations are either frivolous or vexatious. Serious injuries were inflicted on the body of the victim and the wound certificate clearly corroborates the version of the prosecution. In the facts and circumstances, I find no reason to grant an order of pre-arrest bail to the applicant herein.

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At this stage, the learned counsel submits that the applicant is prepared to co-operate with the investigation and prays that directions be issued for the same. I direct the applicant to surrender before the Investigating officer forthwith. Bail application, if any, filed before the jurisdictional court, shall be considered 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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Ps/16/10/2019

Rajesh v. State of Kerala

Case brief

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What did the court decide?

Rajesh v. State of Kerala

Case brief

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