Allowed

Joseph P Kuriakose Alias Achankunju v. State of Kerala

Kerala HC11 Aug 2020Bail Appl./4385/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail filed by a 69-year-old senior citizen accused of grievous hurt causing a fracture with a chopper. The court noted the lack of criminal antecedents, no risk of absconding, and the applicant's willingness to cooperate.

What did the court decide?

Application for anticipatory bail allowed; directed to surrender within two weeks for interrogation; arrested later released on bail with Rs. 50,000 surety bond upon execution.

Joseph P Kuriakose Alias Achankunju 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 11TH DAY OF AUGUST 2020 / 20TH SRAVANA, 1942

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Bail Appl..No.4385 OF 2020

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CRIME NO.461/2020 OF AYARKUNNAM POLICE STATION, KOTTAYAM

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PETITIONER/ACCUSED:

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JOSEPH P KURIAKOSE ALIAS ACHANKUNJU, AGED 69 YEARS, S/O.LATE KURIAKOSE, PANAVELIKUNNEL HOUSE, AMAYANNOOR P.O., AYARKUNNAM VILLAGE, KOTTAYAM DISTRICT, PIN-686 019.

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BY ADVS. SRI.K.MOHAMMED RAFEEQ SRI.AMARNATH R LAL SRI.LAIJU CHACKO

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 2 SUB INSPECTOR OF POLICE, AYARKUNNAM POLICE STATION, KOTTAYAM DISTRICT, PIN-686 019.

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OTHER PRESENT:

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SRI.AMJAD ALI – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.4385 OF 2020

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ORDER

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Dated this the 11^th day of August, 2020

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APPLICATION FOR ANTICIPATORY BAIL

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The applicant is a 69-year-old man, accused of committing offences punishable under Sections 294(b) and 326 of the IPC in Crime No.461 of 2020 of Ayarkunnam Police Station, Kottayam. The prosecution case, in brief, is thus:

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On the morning of 20.06.2020, the defacto complainant allegedly rebuked the brother of the applicant, for using drinking water, to wash his auto rickshaw. Irked with that, by about 10.00 AM, the applicant allegedly attacked the defacto complainant, by using a chopper and caused a fracture injury on his forearm and thereby committed the offences.

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The applicant states that he is innocent and the allegations are false. It is further pointed out that the FIR against the applicant was registered only on 24.06.2020 and the delay has not been explained. The applicant has no criminal antecedents, is a senior citizen, and the sole breadwinner of the family. And, therefore, he seeks anticipatory bail.

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B.A.No.4385 OF 2020

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor submits that grievous hurt has been caused to the defacto complainant and he was allegedly attacked with a chopper, which needs to be recovered. Custodial interrogation of the applicant is, therefore, necessary and hence the application for anticipatory bail may be dismissed.

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After having anxiously considered the facts and circumstances of this case, I find that the applicant is a 69-yearold senior citizen, without any criminal antecedents. There is no possibility of his absconding. It is true that the recovery of a chopper allegedly used by him will have to be made. He is willing to co-operate with the investigation. The injury sustained, though grievous, is not life-threatening.

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Hence, the application for anticipatory bail is allowed and the applicant is directed to surrender before the Investigating Officer within two weeks. After interrogation and recovery, in the event of his being arrested, he shall be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of the Investigating Officer and on following further

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B.A.No.4385 OF 2020

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conditions:

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(i) He shall appear before the Investigating Officer as and when called for.

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(ii) He shall not intimidate or influence witnesses and tamper with evidence.

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(iii) He shall not get involved in similar offences during the currency of the bail period.

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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.

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The bail application is allowed.

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Sd/-

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ASHOK MENON JUDGE

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NR/11/08/20

Joseph P Kuriakose Alias Achankunju v. State of Kerala

Case brief

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Joseph P Kuriakose Alias Achankunju v. State of Kerala

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