Allowed

R Sunil Kumar v. State of Kerala

Kerala HC10 Mar 2021Bail Appl./132/2021

Case brief

AI extract

What is this about?

The Kerala High Court granted pre-arrest anticipatory bail to the petitioner in a case involving alleged culpable homicide and assault. The court was satisfied by the petitioner's clean criminal record, the admission by the prosecution regarding similar charges against the complainant, and the relevance of weapon recovery.

What did the court decide?

Anticipatory bail granted, directed to surrender within two weeks, and execute bond with two sureties upon arrest.

R Sunil Kumar Vs State of Kerala — Anticipatory Bail | 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 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

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Bail Appl.No.132 OF 2021

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CRIME NO.2141/2020 OF Malayinkeezh Police Station , Thiruvananthapuram

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PETITIONER/S:

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R SUNIL KUMAR AGED 35 YEARS VIJAYA NIVAS, CHOOZHATTUKOTTA, MALAYAM POST, THIRUVANANTHAPURAM- 695571.

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BY ADV. SHRI.AJIT G ANJARLEKAR

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RESPONDENT/S:

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

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2 STATION HOUSE OFFICER MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DISTRICT – 695571.

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BY SMT.V.SREEJA-PP

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OTHER PRESENT:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.132 OF 2021

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O R D E R

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Dated this the 10th day of March 2021

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This is an application for anticipatory bail under

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Section 438 of the Cr.P.C.

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No.2141/2020 of Malayinkeezhu Police Station for having allegedly committed the offences punishable under Sections 294(b), 323, 324, 506(ii), 326 and 308 read

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with Section 34 of the I.P.C.

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The prosecution case, in brief, is that on

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13.11.2020 at about 6.00 PM, the applicant and two

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others in furtherance of common intention allegedly

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intimidated the de facto complainant and attacked him with deadly weapons like an iron rod, hurled abuses at

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him and assaulted him with the knowledge that it could

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have proved fatal and attempted to commit culpable homicide.

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Bail Appl.No.132 OF 2021

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The applicant states that the allegations are

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not true and that he is innocent. The de facto

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complainant is a notorious criminal having 18 criminal cases registered against him, including an offence for having assaulted a lady. The de facto complainant had originally gone to the Taluk Hospital at Malayinkeezhu and that no serious injuries except for a lacerated wound on his head noticed, he has been referred to the Medical College Hospital and was discharged from there on 18.11.2020. In the discharge certificate, it is

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stated that he sustained a fracture of both arms and also his left leg. The applicant also states that he

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has no other criminal antecedents and that he is

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willing to cooperate with the investigation and

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custodial interrogation of the applicant is not

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required because recovery has already been complete and hence seeks pre-arrest bail.

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Heard the learned Counsel for the applicant and

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the learned Public Prosecutor.

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Bail Appl.No.132 OF 2021

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The learned Public Prosecutor admits that the

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applicant has no criminal antecedents. It is also admitted that the de facto complainant has 18 criminal cases registered against him. It is also admitted that the recovery of the weapon, which was allegedly used by

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the applicant, has also been made. Under the

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circumstances, I find that the applicant is not likely to flee from justice. There is no doubt regarding his cooperation with the investigation and hence he is entitled to a pre-arrest bail.

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As a result, the bail application is allowed and

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the applicant is directed to surrender before the

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investigating officer within two weeks. In the event of arrest, after interrogation, the applicant shall be

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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:

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(i) He shall not influence or intimidate witnesses or

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Bail Appl.No.132 OF 2021

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tamper with evidence;

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(ii) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and

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(iii)During the bail period, he shall not get involved

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in any similar offences.

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

court.

Sd/-

ASHOK MENON

dkr

JUDGE

R Sunil Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

R Sunil Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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