Single judge of Kerala High Court allowed anticipatory bail application filed by sole accused of causing grievous hurt. Court noted lack of criminal antecedents and ordered surrender within two weeks with 50,000 rupees bond.
Allowed anticipatory bail on execution of bond for Rs.50,000 with two solvent sureties 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
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
Bail Appl..No.549 OF 2021
CRIME NO.1023/2020 OF Pallikkathodu Police Station, Kottayam
PETITIONER/S:
ADARSH AGED 20 YEARS SON OF SASI, KANNANKARA HOUSE, 18TH MILE, VAZHOOR EAST, PALLIKKATHODU, KOTTAYAM DISTRICT 686503
BY ADV. SRI.M.A.AHAMMAD SAHEER
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
2 STATION HOUSE OFFICER PALLIKKATHODU POLICE STATION, KOTTAYAM DISTRICT
R1 BY PUBLIC PROSECUTOR SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.549 OF 2021
2
ORDER
Dated this the 1st day of February 2021
This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.
The applicant is the sole accused in Crime No.1023/2020 of Pallikkathodu Police Station,
Kottayam, for having allegedly committed offences punishable under Sections 323, 324, 326 and 294(b)of the Indian Penal Code.
Bail Appl..No.549 OF 2021
3
are not true and that the de facto complainant constantly urinated in front of his house and when
the applicant questioned him, the de facto complainant in a drunken state challenged the applicant and caught hold of his motorcycle. As a result of which, he fell down all by himself and sustained the grievous hurt. The applicant did not
do anything to cause hurt to the de facto
complainant. He has no criminal antecedents and therefore, seeks pre-arrest bail.
the applicant has no criminal antecedents. But it is stated that the helmet which was allegedly used to cause grievous hurt will have to be recovered. The applicant did not use any conventional weapon to attack the de facto complainant. There is also
a defence set up by the applicant to the effect
Bail Appl..No.549 OF 2021
4
that it was the de facto complainant in a drunken
state had hold of his motorcycle and the motorcycle moved forward, he fell down and
sustained injuries. Those are matters to be decided in the trial court. However, considering the fact that the applicant has no criminal antecedents, I am not inclined to incarcerate the applicant.
allowed and the applicant is directed to surrender before the investigating officer within two weeks, and after interrogation and recovery in the event of his being arrested, he shall be released on
bail on execution of a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount each to the satisfaction of the
investigating officer and on the following conditions;
Bail Appl..No.549 OF 2021
or intimidate witnesses.
2.He shall appear before the investigating officer as and when called for.
3.He shall not get involved in similar offences during the bail period.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.
Sd/-
ASHOK MENON
JUDGE
SPK
1 issue framed by the court
Whether to grant anticipatory bail to an accused with no criminal antecedents accused of causing grievous hurt.
2 provisions across 2 enactments
Adarsh
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
