Allowed

Aneesh Varghese v. State of Kerala

Kerala HC4 Aug 2020Bail Appl./3672/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed anticipatory bail applications filed by two accused persons. The court directed the applicants to surrender within two weeks and release them on bail upon arrest with a bond of Rs.50,000 each.

What did the court decide?

Applications allowed; applicants directed to surrender within two weeks; bail on execution of Rs.50,000 bond each with two sureties.

Aneesh Varghese Vs State of Kerala — Anticipatory Bail | Kerala HC (2020)

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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 ASHOK MENON

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TUESDAY, THE 04TH DAY OF AUGUST 2020 / 13TH SRAVANA, 1942

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Bail Appl..No.4482 OF 2020

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CRIME NO.791/2020 OF Kanjiramkulam Police Station, Thiruvananthapuram

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PETITIONER:

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BIJOY CLEETUS AGED 24 YEARS, S/O CLEETUS, RESIDING AT VALIYATHOPPU, THEKKEKARA, KOCHUTHURA, PUTHIYATHURA P.O, 695526

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BY ADV. SRI.J.R.PREM NAVAZ

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RESPONDENT:

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STATE OF KERALA REPRESETED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031

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SRI.C.N.PRABHAKARAN SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.08.2020, ALONG WITH Bail Appl..3672/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos.4482 OF 2020 & 3672 OF 2020

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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 ASHOK MENON

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TUESDAY, THE 04TH DAY OF AUGUST 2020 / 13TH SRAVANA, 1942

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Bail Appl..No.3672 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMC 832/2020 DATED 12-062020 OF DISTRICT COURT & SESSIONS COURT,TRIVANDRUM

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CRIME NO.791/2020 OF Kanjiramkulam Police Station, Thiruvananthapuram

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PETITIONER/1ST ACCUSED:

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ANEESH VARGHESE AGED 32 YEARS S/O. VARGHESE, RESIDING AT EMMANATHOTTAM, KOCHUTHURA, PUTHIYATHURA P.O, THIRUVANANTHAPURAM DISTRICT, PIN 695 526

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BY ADVS. SRI.J.R.PREM NAVAZ SHRI.SUMEEN S.

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031

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SRI.C.N.PRABHAKARAN SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.08.2020, ALONG WITH Bail Appl..4482/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos.4482 OF 2020 & 3672 OF 2020

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COMMON ORDER

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[ Bail Appl..4482/2020, Bail Appl..3672/2020 ] Dated this the 4th day of August 2020

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These are applications filed under Section

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438 of Cr.P.C seeking anticipatory bail.

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The applicant in BA No.3672/2020 is the 1^st

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accused and the applicant in BA No.4482/2020 is

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the 2^nd accused in Crime No.791/2020 of

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Kanjiramkulam Police Station, for having allegedly committed offences punishable under Sections 341, 294(b), 323, 324, 326 r/w Section 34 of IPC.

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The prosecution case is that, the accused

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were irked by the defacto complainant who had rebuked the 2^nd accused for not keeping his pet dog

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under leash. Infuriated, the 2^nd accused in

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furtherance of common intention, on 04.05.2020 at about 8.15 a.m, wrongfully restrained the defacto complainant while he was coming in his bicycle, by using his auto rickshaw bearing Registration

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Bail Appl..Nos.4482 OF 2020 & 3672 OF 2020

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No.KL-22-C-4691, and thereafter, the 2^nd accused

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hit him with a bunch of keys, as a result of

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which, he sustained a fracture of the nasal bond

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and the other accused fisted him all over the body and caused other injuries too.

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The applicants state that they are

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innocent, and the allegations are false and

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frivolous. Moreover, it is also stated that Section 326 of IPC will not be attracted because

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it was on sudden provocation that the applicants had allegedly attacked the defacto complainant and therefore, at the most only Section 335 of the IPC would be attracted. The applicants seek pre arrest bail.

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applicants and the learned Public Prosecutor.

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I am not going to venture into a prolix

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discussion regarding the applicability of Section 326 or 335 of the IPC and leave it for the trial

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Bail Appl..Nos.4482 OF 2020 & 3672 OF 2020

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court to decide at the time of framing of charge.

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The facts remain that the applicants are not

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having any criminal antecedents. It is also

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pertinent to note that the injury was not inflicted with any dangerous or deadly weapon but by a bunch of keys. The only fracture injury was sustained to the nasal bone, and there were other minor injuries all over the body. I find no reason to hold that the accused may abscond, or that they would not co-operate with the investigation. Therefore, they are entitle to pre-arrest bail so as long as they are willing to co-operate with the investigation.

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In the result, the bail applications are

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allowed and the applicants are directed to

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surrender before the investigating officer within two weeks. After interrogation and recovery, in

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the event of their being arrested, they shall be

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released on bail on execution of bond for

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Bail Appl..Nos.4482 OF 2020 & 3672 OF 2020

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Rs.50,000/-(Rupees Fifty thousand only) each with

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two solvent sureties, each for the like amount to

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the satisfaction of the investigating officer and

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on the following conditions;

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influence or intimidate witnesses.

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ii. They shall appear before the

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investigating officer as and when called for.

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iii. They shall not get involved in similar

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offences during the bail period.

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In the event of violating the bail conditions,

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the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional

Court.

Sd/-

ASHOK MENON

JUDGE

SPK

Aneesh Varghese v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aneesh Varghese v. State of Kerala

Case brief

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