Two applicants sought anticipatory bail for offences of voluntarily causing hurt and attempting to commit culpable homicide using helmets. The court held a helmet is a dangerous weapon and denied pre-arrest bail due to the need for interrogation and recovery.
Anticipatory bail denied; applicants directed to surrender within three weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942
Bail Appl..No.6069 OF 2020
CRIME NO.875/2020 OF Hill Palace Police Station , Ernakulam
PETITIONER/S:
1 AKHIL P R, S/O RADHAKRISHNAN, AGED 24 YEARS, MATTATHIL HOUSE, IRUMBANAM P.O, THRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682309
2 PRANAV P P, S/O C.M. PRAKASHAN, AGED 26 YEARS, MANNARAKKUZHY HOUSE, IRUMBANAM P.O, THRIPUNITHURA, ERNAKULAM DISTRICT, PIN -682309.
BY ADVS. SRI.P.MOHAMED SABAH SMT.SAIPOOJA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.
3 ADDL. R3. ANSEN ANTONY, AGED 32 YEARS S/O ANTONY ,ANSON VILLA, SN JUNCTION NEAR HILL PALACE, THRIPPUNNITHURA
IS IMPLEADED AS ADDL R3 AS PER ORDER DATED 10/11/2020 IN CRL MA 2/2020 IN BA 6069/2020 682331 R1 BY PUBLIC PROSECUTOR R3 BY ADV. SRI.PRAVEEN.H. OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6069 OF 2020
2
O R D E R
Dated this the 10th day of November, 2020
This is an application for anticipatory bail filed under Section 438 Cr.PC.
Palace Police Station for having allegedly committed offences punishable under Sections 341, 323, 324, 326 and 308 read with Section 34 IPC.
On 23.8.2020 at about 4.30 p.m., the applicants in furtherance of common intention with the other accused wrongfully restrained the de facto complainant and his friend and using a helmet and coconut fond attacked the de facto complainant brutally causing grievous injury by fracturing his zygomatic arch and the lateral wall of his right maxillary sinus. The de facto complainant had to undergo treatment in the hospital for a pretty long time. The applicants would contend that offence under Sections 326 and 308 IPC is not attracted because no dangerous weapons have been used by the applicants. A coconut fond or a helmet is not a dangerous weapon and unless
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Bail Appl..No.6069 OF 2020
grievous hurt is caused by means of dangerous weapons, an offence punishable under Section 326 IPC may not be attracted and it could not have led to the death of the de facto complainant. Consequently, an offence under Section 308 IPC for attempting to commit culpable homicide also is not attracted. It is submitted that those provisions have been incorporated deliberately with the intention to see that the applicants are incarcerated. There is no specific overt act attributed to the second applicant. It is also submitted that the applicants do not have any criminal antecedents and that they may be granted pre-arrest bail.
and the learned Public Prosecutor and also the learned counsel appearing for the de facto complainant, who has been subsequently impleaded.
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Bail Appl..No.6069 OF 2020
of the weapon are necessary and therefore, the applicants are not entitled to a pre-arrest bail in this matter.
The application is therefore dismissed with a direction to the applicants to surrender before the investigating officer within three weeks. In the event of their being arrested, after interrogation and
Bail Appl..No.6069 OF 2020
5
recovery, if any, they shall be produced before the jurisdictional court, where they are at liberty to apply for regular bail. The application for regular bail so filed by applicants shall be entertained and disposed of by the jurisdictional court, on merits, preferably on the very same day itself.
Sd/-
ASHOK MENON
JUDGE
jg
2 issues framed by the court
Whether the helmets used as weapons in the alleged assault qualify as dangerous instruments under Sections 326 and 308 IPC.
Whether anticipatory bail should be denied in view of the necessity of custodial interrogation and recovery of the weapon.
2 provisions across 2 enactments
Akhil P R
Pranav P P
State of Kerala
Ansen Antony
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
