The court allowed a regular bail application filed by Murukesan, the sole accused in a case involving attempted murder and grievous hurt. The trial was assigned to the jurisdictional court.
Bail granted on a bond for Rs. 50,000 with two solvent sureties for Rs. 50,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
Bail Appl.No.519 OF 2021
CRIME NO.5/2021 OF Munnar Police Station , Idukki
PETITIONER/S:
MURUKESAN
AGED 40 YEARS, HOUSE NO 1, 8TH MURILAYAM, DGPXVII/610 MELAPRATTU BHAGAOM, MATTUPPETTY EAST PO, TOP DIVISION, KDH VILLAGE, IDUKKI (DIST), PIN-685616.
BY ADV. SRI.C.R.SIVAKUMAR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.
2 THE STATION HOUSE OFFICER, MUNNAR POLICE STATION, PIN – 685612.
BY SRI.SANTHOSH PETER SR PP
OTHER PRESENT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.519 OF 2021
2
O R D E R
Dated this the 9th day of February 2021
This is an application for regular bail under
Section 439 of the Cr.P.C.
No.5/2021 of Munnar Police Station for having allegedly committed the offences punishable under Sections 326 and 307 of the I.P.C.
of the house of the applicant, the de facto complainant was wrongfully restrained and beaten with a wooden log,
causing a fracture to his skull, which could have proved fatal also and thus comitted an offence of attempted murder.
remanded to judicial custody and he continues in
3
Bail Appl.No.519 OF 2021
custody. The wooden log which he had allegedly used to case the grievous hurt has already been recovered. The applicant states that he has no criminal antecedents, and, therefore seeks regular bail.
the learned Public Prosecutor.
applicant has no criminal antecedents. The wooden log,
which has been used to cause the grievous hurt, has already been recovered, and therefore, further incarceration of the applicant may not be necessary.
In the result, the Bail Application is allowed and the applicant is directed to be released on bail on the
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 jurisdictional court, on the following other conditions:
i) He shall appear before the investigating officer as and when called for;
Bail Appl.No.519 OF 2021
4
ii) He shall not attempt to influence or intimidate the
witnesses; and
iii) He shall not get involved in similar offences during the currency of the bail.
In case of breach of any of the bail conditions,
the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.
Sd/-
ASHOK MENON
JUDGE
dkr
2 issues framed by the court
Whether bail should be granted to the accused in a case involving attempted murder and grievous hurt.
Whether the recovery of the weapon used and lack of criminal antecedents justify release on bail.
1 provisions across 1 enactments
Murukesan
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
