Single judge of Kerala HC rejected anticipatory bail in a case involving grievous hurt and culpable homicide, directing surrender due to injury severity.
Anticipatory bail rejected; applicant directed to surrender within two weeks for investigation and production before Magistrate.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942
Bail Appl..No.5909 OF 2020
CRIME NO.881/2020 OF Nooranadu Police Station, Alappuzha
PETITIONER/S:
PRADEEP KUMAR @ MANIKUTTAN AGED 41 YEARS MULANKOOTIL KIZHAKETHU, NOORANAD P.O, ALAPPUZHA DISTRICT 690504
BY ADV. SRI.RASHEED C.NOORANAD
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
2 STATION HOUSE OFFICER NOORANAD POLICE STATION, ALAPPUZHA DISTRICT 690504
R1 BY PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.5909 OF 2020
2
ORDER
Dated this the 17th day of November 2020
This is an application filed under Section 438
of Cr.P.C seeking anticipatory bail.
The applicant is the sole accused in Crime
No.881/2020 of Nooranadu Police Station,
Alappuzha, for having allegedly committed offences punishable under Sections 323, 324, and 506 of the IPC, subsequently, an offence under Section 326 IPC was also incorporated.
22.08.2020 at about 3.30 p.m, the applicant
attacked the de facto complainant owing towards
the previous enmity with him, hit the de facto
complainant on his ribs, head and all over the body and after he fell down, he was again kicked and cause hurt. The de facto complainant sustained grievous injuries to his head and ribs. His ribs
were fractured and there was a subarachnoid
haemorrhage sustained to his head and therefore
the injuries are serious and could have been even
Bail Appl..No.5909 OF 2020
3
fatal. However, offences under Sections 307 and
308 IPC are not seen incorporated by the
investigating officer.
Considering the gravity of the injuries sustained by the de facto complainant, the applicant is definitely not entitled to the
extraordinary remedy of anticipatory bail.
Therefore, he is directed to surrender before the investigating officer within two weeks, and after interrogation and recovery if any, he shall be produced before the jurisdictional Magistrate. The applicant shall be at liberty to apply for a regular bail which can be considered by the
learned Magistrate on its merits and disposed of preferably on the very same date.
With these observations, the petition is
disposed of.
Sd/-
ASHOK MENON
JUDGE
SPK
3 issues framed by the court
Whether an applicant charged with grievous hurt and potential culpable homicide is entitled to anticipatory bail.
Whether the gravity of injuries sustained by the victim bars the grant of anticipatory bail.
Whether the applicant should be directed to surrender and face investigation before seeking regular bail.
3 provisions across 2 enactments
Pradeep Kumar @ Manikuttan
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
