Allowed

Pranav.P v. State of Kerala

Kerala HC8 Dec 2021Bail Appl./5968/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner, directing him to surrender before the investigating officer by a specified date on condition of bond execution and compliance with standard bail conditions.

What did the court decide?

Petitioner directed to surrender before the investigating officer on 15.12.2021 between 10.00 a.m. and 12.00 noon, after which he shall be released on bail.

Pranav.P Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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BAIL APPL. NO. 5968 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA, 1943 BAIL APPL. NO. 5968 OF 2021

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(CRIME NO.2383 OF 2021 OF NEDUMANGAD POLICE STATION)

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PETITIONER/ACCUSED:

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PRANAV.P AGED 26 YEARS S/O. BABY, ERAPPIL THADATHARIKATHU VEEDU, ATTUKAL, PANAYAMUTTOM P.O., PANAVOOR VILLAGE, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT, PIN-695 561.

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BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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2 THE STATION HOUSE OFFICER NEDUMANGAD POLICE STATION, TRIVANDRUM-695 541.

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OTHER PRESENT:

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SMT. SREEJA.V- SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 5968 OF 2021

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ORDER

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Apprehending arrest in connection with Crime No.2383 of 2021 of Nedumangadu police station registered for the offences punishable under Sections 294(b), 324, and 308 of the Indian Penal Code, the petitioner has moved this application under Section 438 of the Code of Criminal Procedure.

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The prosecution allegation is that on 8.7.2021 at about 4.00 p.m this petitioner has attacked the defacto complainant and badly beaten him with an iron rod causing injuries to him and thereby committed the aforesaid offences.

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Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

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The submission of the learned counsel for the petitioner is that his father is running a shop of light and sounds in a junction. On 8.7.2021 the father of the petitioner got information that the defacto complainant and his friends are engaged with the sale of illicit liquor and so he has given information to the police as a responsible citizen. Infuriated by

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BAIL APPL. NO. 5968 OF 2021

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the same, the defacto complainant came along with his men trespassed into the shop and attacked him causing severe injuries and as a result, crime was registered as 2384 of 2021 under Section 451, 294(b), 324, 308, 427, 34 IPC, 3(I)(r)(s), 3(2)(Va) of SC/ST (POA) Act and the case is under investigation. In fact the defacto complainant is a person who is indulged in many criminal offences and he is a nuisance to the locality. This petitioner has only intervened to prevent the defacto complainant and his gang from attacking his father and his attempt was to rescue him. Accidentally some injuries have happened to the defacto complainant but it was not due of the attack of the petitioner as alleged by the prosecution. The learned counsel has also pointed out that the defacto complainant is actually involved in 8 other crimes registered before the very same police station. Now the defacto complainant was arrested in the Abkari offences also.

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The learned Public Prosecutor has submitted that the investigation in all the three cases are well in progress. But recovery has not been effected. As per the report this

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BAIL APPL. NO. 5968 OF 2021

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petitioner is having no criminal antecedents. The prosecution records would reveal that the defacto complainant was attacked with an iron rod. Though investigation has progressed, recovery has to be effected. So I think that this petition can be disposed of directing the petitioner to surrender before the investigating officer on 15.12.2021 between 10.00 a.m and 12.00 noon. Upon his surrender after interrogation and recovery if any, he shall be released on bail on the very same day subject to the following conditions:

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(i) The petitioner shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each in the event of arrest to the satisfaction of the investigating officer.

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(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall cooperate with the investigation of the case.

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(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iv) The petitioner shall not commit any offence while on bail.

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BAIL APPL. NO. 5968 OF 2021

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In case of violation of any of the above conditions,

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the jurisdictional court is empowered to cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

JUDGE

smm

Pranav.P v. State of Kerala

Case brief

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Pranav.P v. State of Kerala

Case brief

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