Disposed

Santhosh v. State of Kerala

Kerala HC2 Nov 2020Bail Appl./6391/2020

Case brief

AI extract

What is this about?

This bail application concerns accused 1 and 2 alleged to have assaulted the complainant with weapons. The court directed them to surrender within two weeks; upon arrest, they must seek regular bail and the case will be disposed of promptly.

What did the court decide?

Applicants directed to surrender before the Investigating Officer within two weeks. Upon arrest, they shall apply for regular bail on the same day.

Santhosh Vs State of Kerala — Murder and Culpable Homicide | 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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MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

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Bail Appl..No.6391 OF 2020

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CRIME NO.539/2020 OF Kadakkal Police Station, Kollam

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PETITIONERS/ACCUSED 1 & 2:

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1 SANTHOSH AGED 42 YEARS, S/O.RATHNAMMA SANKARAMANGALATHU, KIZHAKKETHIL, POLACHIRA, CHIRAKKARA, KOLLAM DISTRICT-691334 691344

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2 MANIKUTTAN AGED 26 YEARS S/O.RATHNAMMA, SANKARAMANGALATHU, KIZHAKKETHIL, POLACHIRA, CHIRAKKARA, KOLLAM DISTRICT-691334. 691334

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BY ADV. SRI.P.ANOOP (MULAVANA)

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031

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R1 BY PUBLIC PROSECUTOR OTHERS PRESENT:

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SRI.C.N.PRABHAKARAN SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA 6391/2020

O R D E R

Dated this the 2nd day of November 2020

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APPLICATION FOR ANTICIPATORY BAIL

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The applicants are accused 1 and 2 in Crime No.539/2020 of Kadakkal Police Station, Kollam, for having allegedly committed offences punishable under Sections 341, 294(b), 324 and 308 read with Section 34 IPC.

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The prosecution case, in brief, is that on 16.3.2020, owing to previous enmity towards the de facto complainant, the applicants wrongfully restrained the de facto complainant, hurled abuses at him and thereafter attacked him with dangerous weapons, like a hoe and a knife, and caused injuries to him.

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The applicants state that the allegations are not true and that it is the de facto complainant and his friends who had actually attacked the applicants and that in consequence of that Crime No.458/2020 of Kadakkal Police Station has been registered against them for the similar offences. They were also arrested and this particular crime against the applicants has been registered subsequently as an afterthought. The injuries were not serious and life threatening and therefore, the applicants may be released

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BA 6391/2020

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on anticipatory bail.

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Heard the learned counsel for the applicants and the learned Public Prosecutor.

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The allegations against the applicants are that they had used dangerous weapons like a hoe and a knife to attack the de facto complainant and others. It may be true that there is also a counter case and that both sides had inflicted injures on either of them. However, the weapons will have to be recovered for which the applicants will have to be arrested and taken into custody.

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Under the circumstances, the applicants are directed to surrender before the Investigating Officer within two weeks. In the event of their arrest, after interrogation and recovery, if any, they shall be produced before the jurisdictional court, where they are at liberty to apply for regular bail, which shall be considered and preferably disposed of by the jurisdictional court on the very same day.

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With these observations, the bail application is disposed of.

Sd/-

ASHOK MENON

JUDGE

Santhosh v. State of Kerala

Case brief

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Santhosh v. State of Kerala

Case brief

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