Dismissed

Sudhi @ Harikumar v. State of Kerala

Kerala HC11 Dec 2019Bail Appl./8012/2019

Case brief

AI extract

What is this about?

This is a bail application under Section 438 Cr.P.C. denied by the High Court. The applicant alleged an altercation resulting in the victim's injuries, but the court noted serious traumatic injuries, the applicant's involvement, and incomplete investigation as grounds to reject pre-arrest bail.

What did the court decide?

Anticipatory bail granted; applicant directed to surrender to I.O. immediately for interrogation before production before Magistrate.

Sudhi @ Harikumar Vs 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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WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941

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BAIL APPL..NO.8012 OF 2019

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CRIME NO.2432/2019 OF FORT POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER/A1:

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SUDHI @ HARIKUMAR AGED 46 YEARS S/O BABY, T.C.70/1732, HARIKUMAR COTTAGE, KONCHIRAVILA, ATTUKKAL, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.SHAJIN S.HAMEED

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RESPONDENT/STATE :

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

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SRI AJITH MURALI PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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BAIL APPL..NO.8012 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.2432 of 2019 of the Fort Police Station, registered on 21.09.2019 under Sections 294(b), 323, 324 and 308 read with Section 34 of the Indian Penal Code.

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In sum and substance, the prosecution allegation is that on 14.09.2019, the applicant herein and the 2^nd accused approached the de facto complainant and demanded money. When he refused, the applicant is alleged to have stabbed on his chest with a broken beer bottle causing serious injuries.

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The learned counsel appearing for the applicant submits that the applicant herein and the injured are near relatives. On the date of incident, the de facto complainant misbehaved with his wife which led to a minor altercation, in the course of which, the informant lost his balance and fell on the ground. The injuries were suffered as a result, submits the learned counsel. He would further contend that though the incident had taken place on 14.09.2019, the crime was registered only on 21.09.2019.

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BAIL APPL..NO.8012 OF 2019

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The learned Public Prosecutor has opposed the prayer. It is submitted that the informant had suffered serious injuries and was admitted in the Medical College Hospital, Thiruvananthapuram.

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I have considered the submissions and have perused the case records. The wound certificate of the victim reveals that he had suffered traumatic chest injury and a penetrating wound on the left maxilla. The records clearly shows the involvement of the applicant herein. The investigation being in the early stages and since the investigating officer has been deprived of a chance to interrogate the applicant, it would not be proper for this Court to grant an order of prearrest bail.

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I direct the applicant to surrender before the Investigating officer

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forthwith. After interrogation, the applicant 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

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passed expeditiously and on its merits, ideally on the same day itself.

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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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Sudhi @ Harikumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sudhi @ Harikumar 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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