Allowed

Shyju v. State of Kerala

Kerala HC3 Feb 2021Bail Appl./125/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail under Section 438 CrPC for accused persons facing charges of attempted culpable homicide and causing grievous hurt. The court imposed conditions including surrender and execution of a bond.

What did the court decide?

Bail application allowed; accused directed to surrender within two weeks; bond of Rs.50,000 each with two sureties.

Shyju Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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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WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

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Bail Appl.No.125 OF 2021

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CRIME NO.1355/2019 OF Parassala Police Station , Thiruvananthapuram

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PETITIONER/S:

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1 SHYJU, AGED 28 YEARS, THYPLANKALA VEEDU, PANANTHADIKONAM, PARASSALA, THIRUVANANTHAPURAM – 695502.

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2 RINU, AGED 27 YEARS, THYPLANKALA VEEDU, PANANTHADIKONAM, PARASSALA, THIRUVANANTHAPURAM – 695502.

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BY ADV. SHRI.AJITH KRISHNAN

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.125 OF 2021

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O R D E R

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Dated this the 3rd day of February 2021

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This is an application for anticipatory bail under

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Section 438 of Cr.P.C.

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The applicants are accused 1 and 2 in Crime No.1355/2019 of Parassala Police Station for having allegedly committed the offences punishable under Sections 323, 324, 325 and 308 read with Section 34 of the I.P.C.

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The prosecution case, in brief, is that on

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25.01.2019 at about 6.00 PM, the applicants in

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furtherance of common intention, attacked the de facto complainant with an iron rod and caused grievous injury to him by hitting him on his hose causing nasal bone fracture and thus the applicants attempted to commit culpable homicide.

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The applicants state that the allegations are not true and that no grievous injury has been caused with the iron rod, which was allegedly wielded by the

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Bail Appl.No.125 OF 2021

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1st accused. The contention is that had the 1st

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accused attacked him with an iron rod and if the de facto complainant not resisted, it would have caused his death and thus the applicants attempted to commit culpable homicide. But the injury is caused not with an iron rod, but with hands, and therefore, an offence

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under Section 325 of the I.P.C. is attracted. The applicants hence seek a pre-arrest bail.

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Heard the learned Counsel for the applicants and

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the learned Public Prosecutor.

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The applicants admittedly have no criminal antecedents. They are willing to cooperate with the

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investigation. No grievous injury has been caused to the de facto complainant with the iron rod, which has already been recovered.

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In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. In the event of their being arrested, they shall be released on bail on

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Bail Appl.No.125 OF 2021

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the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the

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investigating officer, and on the following conditions:

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(i) They shall not influence or intimidate witnesses

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or tamper with evidence;

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(ii) They shall appear before the investigating officer

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as and when called for and shall cooperate with the investigation; and

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involved in any similar offences.

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prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional

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court.

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ASHOK MENON

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dkr

Shyju v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shyju v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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