Allowed

Mineev v. State of Kerala

Kerala HC12 Feb 2021Bail Appl./260/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail in a case of voluntary causing of hurt involving use of a brick. The court found custodial interrogation unnecessary due to non-life threatening injuries and lack of antecedents, directing surrender and bond execution.

What did the court decide?

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

Mineev Vs State of Kerala — Cheating and Forgery | 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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FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

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Bail Appl..No.260 OF 2021

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CRIME NO.888/2020 OF Thrikkunnappuzha Police Station, Alappuzha

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PETITIONER/S:

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MINEEV AGED 38 YEARS SON OF VASUDEVAN,VINEESH BHAVAN,PUTHUKANDAM MURI,KARTHIKAPPALLY VILLAGE,KARTHIKAPPALLY P.O,ALAPPUZHA DISTRICT 690516

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BY ADV. SRI.T.S.HARIKUMAR

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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

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SMT.V.SREEJA - PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA 260/2021

O R D E R

Dated this the 12th day of February 2021

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This is an application seeking anticipatory bail filed under Section 438 Cr.PC.

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The applicant is the sole accused in Crime No.888 of 2020 of the Thrikkunnapuzha Police Station for having allegedly committed offences punishable under Sections 341, 323 and 326 read with Section 34 of the Indian Penal Code.

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The prosecution case, in brief, is that on 28-11-2020 at about 7.30 am, the applicant voluntarily caused hurt to the defacto complainant in front of Padippura Hotel, Karthikappally with a brick causing nasal bone fracture to the de facto complainant. The applicant apprehends arrest and has therefore, approached this Court for anticipatory bail.

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The applicant states that he is innocent and the allegations are not true. In fact, it was the de facto complainant who had quarrelled with the applicant and his friends had come for his assistance. They threw a piece of brick at the applicant, which accidentally happened to hit the de facto complainant and he sustained an injury. The applicant himself had sustained injuries. The applicant has no criminal antecedents. He is willing to cooperate with the investigation and hence seeks pre-arrest bail.

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.

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The learned Public Prosecutor admits that the

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BA 260/2021

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applicant has no criminal antecedents. The injuries sustained were not life threatening and the weapon used is only a piece of brick. Under the circumstances, I find that custodial interrogation of the applicant is not necessary.

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As a result, the bail application is allowed. The applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation, he shall be released on bail on execution of bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer, and on the following further conditions:

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(i) He shall appear before the investigating officer as and when called for and co-operate with the investigation.

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(ii) He shall not tamper with evidence or intimidate or influence the witnesses.

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(iii) He shall not get involved in any similar offence during the currency of the bail.

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In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail.

Sd/-

ASHOK MENON

JUDGE

Mineev v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mineev v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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