Allowed

Suresh v. State of Kerala

Kerala HC7 Jul 2021Bail Appl./2795/2021

Case brief

AI extract

What is this about?

The Kerala High Court allowed a bail application filed by Suresh and his son Vishnu, accused under IPC sections 294(b), 323, 324, and 427. The court granted interim bail pending surrender and final order on executing bond.

What did the court decide?

Petitioners allowed to surrender weapon within 10 days; released on bail bond of Rs. 50,000 each with two solvent sureties upon inquiry officer's satisfaction.

Suresh 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 K.HARIPAL

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WEDNESDAY, THE 7^TH DAY OF JULY 2021 / 16TH ASHADHA, 1943

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BAIL APPL. NO. 2795 OF 2021

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PETITIONERS:

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1 SURESH AGED 50 YEARS THEKKEVEETTIL, 200 ACRE, VELLATHOOVAL VILLAGE IDUKKI, PIN - 685561

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2 VISHNU SURESH AGED 20 YEARS THEKKEVEETTTIL, 200 ACRE, VELLATHOOVAL VILLAGE IDUKKI, PIN - 685561 BY ADV S.JIJI

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

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BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SR.PP - SRI. SANTHOSH PETER

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 2795 OF 2021

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ORDER

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The petitioners are the accused Nos. 1 and 2 in Crime No.106 of 2021 of Adimali Police Station in Idukki, which was registered alleging offence under sections 294(b), 323, 324 and 427 r/w 34 of the IPC.

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According to the learned counsel, Section 308 IPC is also incorporated. According to him, the petitioners are father and son, the alleged injuries suffered by the de-facto complainant are very minor in nature. Therefore, custodial interrogation is not necessary, the weapon of offence allegedly used by the 1^st petitioner can be surrendered before the investigating officer.

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The learned Public Prosecutor submitted that apart from the above, offence under Section 452 IPC also has been incorporated. He also testified that the injuries sustained by the de-facto complainant are minor in nature.

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Whatever it may be, it is alleged that the 1^st accused, that is the 1^st petitioner, had used a knife for attacking and causing injury to the de-facto complainant and his friend. He has also offered to surrender the weapon of offence before the police. Therefore the petitioners shall

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BAIL APPL. NO. 2795 OF 2021

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be at liberty to surrender before the investigating officer within ten days from today. As the second petitioner did not use any weapon, he shall be released on bail by executing a bond for Rs. 50,000/-. The first petitioner, if surrenders the weapon of offence and if the investigating officer is satisfied, he also shall be released on bail on executing bond.

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In the circumstances, the petitioners shall be at liberty to surrender before the investigating officer within ten days from today and will make themselves available for interrogation; in the event of arrest, they shall be released on bail, subject to what stated above on executing bond for Rs.50,000/- (fifty thousand rupees only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer; they shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence; shall not involve in any crime during the period on bail.

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Bail Application is allowed as above.

Sd/-

K.HARIPAL

JUDGE

rps/

Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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