Application for anticipatory bail under Section 438 Cr.P.C. in a case alleging culpable hurt and attempted murder with use of sword was dismissed to ensure smooth investigation and recovery of the weapon.
Nothing granted; discretionary bail relief under Section 438 Cr.P.C. denied.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
BAIL APPL. NO. 3997 OF 2021
CRIME NO.160 OF 2021 OF KOTTIYAM POLICE STATION IN KOLLAM DISTRICT
PETITIONER:
SUDHI AGED 26 YEARS LEKSHMI BHAVAN KIZHAVOOR, MUKATHALA THRIKKOVILVATTOM VILLAGE KOLLAM DISTRICT., PIN - 691577
BY ADV H.NUJUMUDEEN
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
PP- SRI. PRASANTH M.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3997 OF 2021
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ORDER
The petitioner is the 1st accused in Crime No.160 of 2021 of Kottiyam Police Station in Kollam district, which was registered alleging offence under Sections 341, 323, 324 and 308 read with Section 34 of IPC. He has moved this Court under Section 438 of the Cr.P.C. seeking pre-arrest bail.
two others, in furtherance of their common intention, attacked and injured the defacto complainant and caused him cut injuries on both his legs. It is specifically alleged that the 1st accused/petitioner had used a sword.
registered.
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application. According to him, the petitioner had used a sword against the defacto complainant and caused him cut injuries on both his legs.
He had suffered lacerated wounds 6x2x2cm over the left knee. Similarly, multiple lacerated wounds were caused over the knees and also on the left thigh of the defacto complainant.
Specific allegation against the petitioner is that he had used a sword in attacking and causing injuries to the defacto complainant. In the nature of the allegations, for the smooth conduct of investigation, recovery of the weapon is inevitable. It is possible only after custodial interrogation. Therefore, the petitioner is not entitled to get the discretionary relief under Section 438 of the Cr.P.C.
In the result, the application is dismissed.
K.HARIPAL
JUDGE
ska
Sudhi
State of Kerala
K. HARIPAL
As recorded by the court registry
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