This is an anticipatory bail application under Section 438 Cr.P.C for alleged offences under Sections 294(b) and 326 IPC. The Court allowed the application imposing strict conditions including surrender within two weeks and execution of a bond.
Anticipatory bail allowed; surrender before IO within 2 weeks directed; bond for Rs.50,000 with sureties;
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 27TH DAY OF NOVEMBER 2020 / 6TH AGRAHAYANA, 1942
Bail Appl..No.6131 OF 2020
CRIME NO.829/2020 OF Kaliyar Police Station, Idukki
PETITIONER/S:
BIJOY MATHEW @ KUNJANIYAN, AGED-41 YEARS S/O MATHEW, PANAKUNNEL, AMBALAPADY, VANNAPURAM.P.O IDUKKI-685607
BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
2 STATION HOUSE OFFICER AGED 45 YEARS STATION HOUSE OFFICER KALIYAR POLICE STATION, KALIYAR, IDUKKI 685607
SRI.B.JAYA SURYA SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6131 OF 2020
2
ORDER
Dated this the 27th 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.829/2020 of Kaliyar Police Station, Idukki, for having allegedly committed offences punishable
under Sections 294(b) and 326 of the IPC.
owing to the previous enmity towards the de facto complaint, the applicant had on 12.09.2020 at about 6.30 p.m, attacked the de facto complaint by using iron pipe and thereby caused multiple fractures on his left leg.
are not true and he has no criminal antecedents.
There was only a verbal dwelt between the
applicant and the de facto complainant. As a result of which, there was a scuffle ensued and
Bail Appl..No.6131 OF 2020
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the de facto complainant fell into drainage
causing the fracture on his leg. It is stated that the de facto complainant earlier had sustained a
fracture on his leg. In consequence of which there was an internal fixation of steel rod inside his leg, and that is the reason why he sustained a further injury to his leg, and it is not because of any assault by the applicant.
there is no evidence in the wound certificate regarding the de facto complainant having sustained the grievous hurt to his leg. Multiple fractures that are sustained by the de facto complainant was as a result of being assaulted with an iron rod by the applicant.
applicant has no criminal antecedents. Therefore,
Bail Appl..No.6131 OF 2020
custodial interrogation of the applicant may not be necessary in this case. However, the applicant is willing to co-operate with the investigation,
for which stringent conditions can be imposed.
surrender before the investigating officer within two weeks, and after interrogation 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 for the like amount each to the satisfaction of the investigating officer and on the following conditions;
1.He shall appear before the investigating officer on all Mondays between 9 a.m and 12 noon for a period of two months or till filing of the final report whichever is earlier.
2.He shall not tamper with evidence, influence
Bail Appl..No.6131 OF 2020
or intimidate witnesses.
3.He shall not get involved in similar offences
during the bail period.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional
court.
Sd/-
ASHOK MENON
JUDGE
SPK
1 issue framed by the court
Whether anticipatory bail should be granted to the accused facing charges under Sections 294(b) and 326 of the IPC.
1 provisions across 1 enactments
BIJOY MATHEW @ KUNJANIYAN
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
