Allowed

Navas v. State of Kerala

Kerala HC9 Mar 2021Bail Appl./1399/2021

Case brief

AI extract

What is this about?

The Kerala High Court allowed an application for anticipatory bail under Section 438 Cr.P.C. filed by two accused charged with voluntarily causing grievous hurt. Considering their lack of criminal record and cooperation, bail was granted subject to conditions and a bond.

What did the court decide?

Anticipatory bail allowed subject to surrender within two weeks; release on bail executable after arrest upon surrender of bond for Rs. 50,000 each with two sureties and complying with conditions.

Navas 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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TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

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Bail Appl.No.1399 OF 2021

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CRIME NO.767/2020 OF Nadapuram Police Station , Kozhikode

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PETITIONER/S:

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1 NAVAS, AGED 39 YEARS, SON OF MOIDU HAJI, PUTHIYOTTIL HOUSE, PURAMERI P.O. NADAPURAM, KOZHIKODE – 673504.

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2 SHAMSUDHEEN, AGED 41 YEARS, SON OF MOIDU HAJI, PUTHIYOTTIL HOUSE, PURAMERIA P.O. NADAPURAM, KOZHIKODE – 673504.

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BY ADV. SRI.SOORAJ T.ELENJICKAL

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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 ROOPESH AGED 33 YEARS, SON OF RAJAN, ARAYAKKOOL THAZHAKKUNI HOUSE, PURAMERI, NADAPURAM, KOZHIKODE – 673504.

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R1 BY SRI.SANTHOSH PETER SR PP

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OTHER PRESENT:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.1399 OF 2021

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O R D E R

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Dated this the 9th day of March 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

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No.767/2020 of Nadapuram Police Station for having allegedly committed the offences punishable under Sections 341, 323, 324 and 326 read with Section 34 of

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the I.P.C.

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The prosecution case, in brief, is that on 14.12.2020 at about 6.00 PM, due to political rivalry

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between the de facto complainant and the applicants,

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they had allegedly in furtherance of common intention,

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wrongfully restrained the de facto complainant and attacked him by means of a dangerous weapon like iron

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rod causing a fracture to his right wrist and thus

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committed the offence of voluntarily causing grievous hurt.

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Bail Appl.No.1399 OF 2021

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The applicants state that the allegations are not true and they were polling agents sitting inside the polling booth, and it can hardly be believed that they entered the booth armed with a dangerous weapon like an iron rod to assault the de facto complainant. The incident occurred at 6.00 PM when the polling was still going on for the persons afflicted with COVID-19 as extended time, and therefore, it cannot be believed that the applicants would have come out to the booth to assault the de facto complainant. There was a scuffle outside the booth between rival political groups, and the de facto complainant somehow sustained a fracture due to a fall and not due to assault with an iron rod.

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The applicants have no criminal antecedents, they are willing to cooperate with the investigation, and therefore, seek pre-arrest bail.

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

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The applicants have no criminal antecedents admittedly, but they will have to be subjected to

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Bail Appl.No.1399 OF 2021

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custodial interrogation for the purpose of recovery of

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iron rod, which was allegedly used, and hence, the application is opposed by the learned Public

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Prosecutor.

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After having heard the submissions on both

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sides, I find that the applicants are not having any criminal antecedents and having a permanent place of abode and are not likely to flee from justice and they are willing to cooperate with the investigation.

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As a result, the bail application is allowed and

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the applicants are directed to surrender before the investigating officer within two weeks. In the event of arrest, after interrogation and recovery, if any, the applicants shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount

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each, to the satisfaction of the investigating officer, and on the following conditions:

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(i) They shall not influence or intimidate witnesses

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Bail Appl.No.1399 OF 2021

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or tamper with evidence;

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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

court.

ASHOK MENON

JUDGE

dkr

Navas v. State of Kerala

Case brief

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Navas v. State of Kerala

Case brief

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