Anticipatory bail application rejected for applicant accused of stabbings to vital parts. Court denied bail due to grave intention causing potentially fatal injuries and unrecovered weapon. Applicant directed to surrender within two weeks for interrogation.
Anticipatory bail denied; applicant directed to surrender within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942 Bail Appl.No.5603 OF 2020
CRIME NO.528/2020 OF CHAKKARAKKAL POLICE SATION , Kannur
PETITIONER/S:
VIPIN, AGED 31 YEARS, MUTHARIKANDY HOUSE, KAPPAD DESOM, P.O CHELORA VILLAGE,KANNUR DISTRICT – 670006.
BY ADV. SRI.M.J.POLLY
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.
OTHER PRESENT:
SRI.C.N.PRABHAKARAN, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.5603 OF 2020
2
O R D E R
Dated this the 11th day of November 2020
This is an application for anticipatory bail under
Section 438 of Cr.P.C.
No.528/2020 of Chakkarakkal Police Station for having allegedly committed the offences punishable under Sections 341, 324 and 308 of the I.P.C. Subsequently,
an offence under Section 326 of the I.P.C. has also been incorporated.
16.08.2020 at about 9.30 PM, the applicant wrongfully restrained the defacto complainant at the public road
and attacked him with a dangerous weapon like a knife and the defacto complainant sustained stab injuries on
the posterior lateral aspect of his neck. There was a
cut injury on the sternomastoid muscle and another stab
injury was sustained in the abdomen. There was also a
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Bail Appl.No.5603 OF 2020
superficial incised wound on the cervical portion. The defacto complainant was immediately taken to the hospital and admitted. However, there was some delay in recording the F.I.R., which was only registered on 19.08.2020.
all untrue and he is innocent. According to him, he is a Gulf returnee and the defacto complainant is a drug peddler, who has previous convictions under the NDPS
Act. On seeing the defacto complainant, the applicant allegedly advised him not to get involved in dealing with narcotics. This instigated the defacto complainant to attack the applicant and he was assaulted. The applicant sustained injuries and went to the hospital the next day and was admitted for three days. In support of his contention, the applicant has produced a wound certificate as Annexure-1. The wound certificate indicates that the applicant was admitted to Indira Gandhi Go-operate Hospital, Manjodi in Thalassery on 17.08.2020 as an in-patient for having
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Bail Appl.No.5603 OF 2020
allegedly sustained injuries such as abrasions on the thigh, hand and back of the left side of the chest and also the middle finger of his hand. He was allegedly beaten up with a stick by the defacto complainant. The applicant states that he has no criminal antecedents, and therefore, prays that he may be released on anticipatory bail.
the I.P.C. The statement of the doctor was recorded
and he had stated that the injuries sustained by the defacto complainant could have proved fatal with the penetrating stab injuries sustained. Considering the
nature of the injuries sustained by the defacto complainant, the learned Public Prosecutor submits that
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Bail Appl.No.5603 OF 2020
the applicant may not be granted the relief of anticipatory bail and the weapon has not yet been recovered.
for the immediate medical attention that the defacto complainant got. It is understood that only by way of a defence that the applicant got himself admitted on the next day and remained admitted there for three days. The injuries sustained by him are not serious.
They are only simple injuries like abrasions. Under
the circumstances, I find that the intention of the
applicant was to inflict grave injuries to the defacto
Bail Appl.No.5603 OF 2020
6
complainant, which could have proved fatal. The weapon will have to be recovered in consequence to custodial interrogation. Therefore, the applicant is definitely not entitled to the extraordinary remedy of anticipatory bail in this case.
The applicant is directed to surrender before the
investigating officer within two weeks. After interrogation and recovery, and in the event of his being arrested, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and disposed of on the very same day. With these observations, the bail application is disposed of.
Sd/-
ASHOK MENON
JUDGE
dkr
3 issues framed by the court
Whether the applicant is entitled to the extraordinary remedy of anticipatory bail in a case involving death-bending stabs to vital parts.
Whether the applicant must surrender before the investigating officer to facilitate weapon recovery and custodial interrogation.
Whether the applicant can apply for regular bail upon future arrest.
4 provisions across 2 enactments
VIPIN
STATE OF KERALA
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
