Disposed

Harikuttan v. State of Kerala

Kerala HC1 Dec 2020Bail Appl./6986/2020

Case brief

AI extract

What is this about?

In this bail application, the Hon Kerala High Court dealt with a plea for anticipatory bail under Section 438 CrPC. The Public Prosecutor opposed the grant, arguing active participation in the alleged assault. The court directed the applicants to surrender to the investigating officer within two weeks. In case of arrest, they must be produced before the jurisdictional court for regular bail consid

What did the court decide?

Application disposed by directing surrender to investigating officer within two weeks and instructions for regular bail application upon arrest.

Harikuttan Vs State of Kerala — Anticipatory Bail | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ASHOK MENON

¶4

TUESDAY, THE 01ST DAY OF DECEMBER 2020 / 10TH AGRAHAYANA, 1942 Bail Appl..No.6986 OF 2020

¶5

CRIME NO.1200/2020 OF Sooranadu Police Station , Kollam

¶6

PETITIONER/S:

¶7

1 HARIKUTTAN AGED 26 YEARS THADATHIVILAYIL HOUSE, VENGARA MURI, THAZHAVA VILLAGE, 690523 2 ANANDHU AGED 22 YEARS KAILASAM, ERAVICHIRA SOUTH, PATHARAM P.O., SOORANAD SOUTH VILLAGE -690522

¶8

BY ADV. SRI.K.V.ANIL KUMAR

¶9

RESPONDENT/S:

¶10

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

¶11

R1 BY PUBLIC PROSECUTOR

¶12

OTHER PRESENT:

¶13

SRI.AJITH MURALI -PP

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

Bail Appl..No.6986 OF 2020 2

¶16

O R D E R

¶17

Dated this the 1st day of December 2020

¶18

Application for anticipatory bail under Section 438 of Cr.P.C. Applicants are accused Nos.6 and 7 in Crime No.1200/2020 of

¶19

Sooranadu Police Station for having allegedly committed offences punishable under Sections 120B, 341, 323, 324 and 326 r/w Section 34 of IPC.

¶20

The prosecution case, in brief, is that on 26.05.2020 at about 9.30 p.m., 1st accused who is the son of the de facto complainant's sister in law along with three others, identifiable persons hatched a conspiracy with the remaining accused to assault the de facto complainant. The 2nd accused financed the conspiracy and hired goons through the 5th accused to brutally assault the de facto complainant and caused grievous hurt of fracture of his ribs, and thus committed the offence.

¶21

The applicants state that they are innocent and the allegations are not true and that there is no specific overt act attributed to them apart from being members of the gang, which had attacked the de facto complainant and caused the injury. The specific allegation of causing grievous injury is on the 1st accused. He was

¶22

Bail Appl..No.6986 OF 2020 3

¶23

already arrested and granted bail. Hence the applicants also seek anticipatory bail.

¶24

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

¶25

The learned Public Prosecutor submits that the applicants had very actively participated in the alleged assault as members of the gang engaged by the 5th accused under directions of the 2nd accused and who financed a criminal gang to accomplish the conspiracy. Committing crime for remuneration by hired persons is one of the worst forms of crime, and therefore, it cannot be encouraged. The extent of the participation of the applicants is a matter of evidence and therefore, the applicants are not at present entitled to the extraordinary remedy of an anticipatory bail. The applicants are therefore directed to surrender before the investigating officer within two weeks. In the event of arrest, 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 on the same day.

Sd/-

ASHOK MENON

JUDGE

rmm

Harikuttan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Harikuttan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Muhammed Sulfi @ Sulfi Vs State of Kerala

Renjith Vs State of Kerala

Riyas Vs State of Kerala

Jobi Jose Vs State of Kerala

Jaya Vs State of Kerala

Muhammed Sharif Vs State of Kerala