Allowed

Vishnu v. State of Kerala

Kerala HC17 Feb 2021Bail Appl./534/2021

Case brief

AI extract

What is this about?

In a bail application regarding offences under IPC 324 and 308, the High Court of Kerala granted pre-arrest bail to the accused on a bond of Rs. 50,000 with surities, imposing conditions to appear and not tamper with evidence.

What did the court decide?

Application allowed; accused to surrender within two weeks or be released on bail after arrest upon execution of bond of Rs. 50,000 with two solvent sureties.

Vishnu Vs State of Kerala — Pension and Retirement Benefits | 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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WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

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Bail Appl..No.534 OF 2021

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CRIME NO.02/2021 OF Koodal Police Station , Pathanamthitta

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PETITIONER/ACCUSED:

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VISHNU AGED 30 YEARS

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SON OF MADHU, PUTHENVEEDU, KALANJOOR P.O, KANCHODU, PATHANAMTHITTA DISTRICT 689694

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BY ADV. SRI.RENJIT GEORGE

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RESPONDENTS:

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1 STATE OF KERALA HIGH COURT OF KERALA 682031

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2 SUB INSPECTOR OF POLICE KOODAL POLICE STATION, KOODAL, PATHANAMTHITTA DISTRICT, KERALA 689693

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OTHER PRESENT:

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R1 BY SMT.V.SREEJA PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.534/2021 2

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O R D E R

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Dated this the 17th day of February 2021

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The applicant is the sole accused in Crime No.2

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of 2021 of Koodal Police Station, Pathanamthitta for having allegedly committed the offences punishable under Sections 324 and 308 of the Indian Penal Code (IPC).

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2. The prosecution case in brief is that irked by the fact the applicant was not invited for the new year celebration held on 31.12.2020, he attacked the de facto complainant with a broken beer bottle on his neck and back and injuries were caused on the back of the de facto complainant. An assault with a beer bottle on the neck of the de facto complainant may have caused his death, and therefore, the applicant attempted to commit culpable homicide.

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3. Heard the learned counsel for the applicant and the learned public prosecutor.

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4. The applicant states that he is innocent in

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this case and allegations are not true. It is

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B.A.No.534/2021 3

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submitted that the de facto complainant was in an inebriated condition and had some injury for which the applicant is not responsible. The counsel submitted that the applicant apprehends arrest in the above crime and therefore seeks pre-arrest bail.

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5. The learned public prosecutor admits that the applicant has no criminal antecedents. The weapon is not yet recovered. The injuries sustained by the de facto complainant are not life threatening and the custodial interrogation of the applicant is not necessary. The public prosecutor prays that if this Court is inclined to grant bail to the applicant, stringent conditions may be imposed.

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6. After hearing both sides, this application is allowed. The applicant shall surrender before the Investigating Officer within two weeks from today. In the event of his arrest, after the interrogation and recovery, he shall be released on bail on his executing a bond for a sum of Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each

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for the like sum to the satisfaction of the

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B.A.No.534/2021 4 investigating officer and on the following

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conditions:

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(i) The applicant shall appear before the Investigating Officer as and when

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called for.

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(ii) He shall not tamper with evidence, intimidate or influence

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witnesses.

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(iii) He shall not get involved in similar offences during the bail period.

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In case of the breach of the bail conditions,

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the prosecution shall be at liberty to apply for

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cancellation of the bail before the

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jurisdictional court.

Sd/-

ASHOK MENON

JUDGE

pkk

Vishnu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vishnu v. State of Kerala

Case brief

What is this about?

What did the court decide?

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