Disposed

Vipin Das v. State of Kerala

Kerala HC12 Mar 2021Bail Appl./542/2021

Case brief

AI extract

What is this about?

The court disposed of an application for anticipatory bail. It held there is a need to question the applicant and recover the weapon. The applicant surrendered within the stipulated two weeks so as to enable investigation. After interrogation and recovery, the applicant can seek regular bail.

What did the court decide?

Direction to surrender within two weeks for interrogation and recovery of weapon. Liberty to apply for regular bail after proceedings under that order.

Vipin Das 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 MARCH 2021 / 21ST PHALGUNA, 1942

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Bail Appl.No.542 OF 2021

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CRIME NO.13/2020 OF Varkala Police Station , Thiruvananthapuram

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PETITIONER/S:

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VIPIN DAS AGED 33 YEARS KARTHIK BHAVAN, NEAR, KUZHIVILAKOM TEMPLE, KARUNILACODU, VARKALA, THIRUVANANTHAPURAM, PIN-695311.

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BY ADV. SRI.M.R.SASITH

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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R1 BY SMT.V.SREEJA-PP

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OTHER PRESENT:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.542 OF 2021

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O R D E R

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Dated this the 12th day of March 2021

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This is an application for anticipatory bail under

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Section 438 of Cr.P.C.

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The applicant is the sole accused in Crime

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No.13/2021 of Varkala Police Station for having allegedly committed the offences punishable under Sections 324 and 308 of the I.P.C.

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The prosecution case, in brief, is that due to

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the previous enmity towards the de facto complainant,

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on 31.12.2020 at about 11.30 PM, the applicant

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allegedly assaulted the de facto complainant with the intention to cause injury to him, brandished a knife-

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like weapon aiming at his neck, with the knowledge that it was likely to cause his death which the de facto complainant evaded, and sustained an injury on the back

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of his neck and thereafter, the applicant once again stabbed him with a knife-like weapon causing a deeper

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Bail Appl.No.542 OF 2021

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injury on his back. A total of seven sutures were put

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on the first injury; while ten sutures had to be applied to the second injury and it could have proved fatal. The de facto complainant had to be taken to the Critical Care Unit of the hospital and his statement could not be recorded and consequently that there was a delay in registering the F.I.R.

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The applicant states that the allegations are

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not true and that the S.H.O. had a grudge against him

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and a false case has therefore been foisted against him. He also submits that a private complaint has been filed against the S.H.O. as C.M.P.No.4284/2020 before the jurisdictional magistrate and offences under

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Sections 294(b), 342, 323, 330, 506 and 343 of the

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I.P.C. has been allegedly committed by the said S.H.O. at Varkala Police Station. And therefore, the

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applicant seeks pre-arrest bail.

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Heard the learned Counsel for the applicant and

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the learned Public Prosecutor.

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Bail Appl.No.542 OF 2021

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The learned Public Prosecutor has pointed to the injuries which have been sustained by the de facto complainant. Those could have proved fatal had proper treatment not been given on time. The applicant has to be questioned and the weapon will have to be recovered, and therefore, the application for bail is opposed.

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There is substance in the submissions made by the learned prosecutor. The prosecution cannot be denied the opportunity to subject the applicant to custodial interrogation for the purpose of recovery. The bail application is disposed of with a direction to the applicant to surrender before the investigating officer within two weeks. After interrogation and recovery, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and disposed of preferably on the very same day.

Sd/-

ASHOK MENON

JUDGE

dkr

Vipin Das v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vipin Das v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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