Allowed

Girish Kumar, v. State of Kerala

Kerala HC15 Dec 2021Bail Appl./7735/2021

Case brief

AI extract

What is this about?

The single-judge bench of the Kerala High Court accorded anticipatory bail to Girish Kumar, accused under Sections 324 and 326 IPC for assault involving a spade. The court observed that custodial interrogation may not be necessary and granted bail subject to strict conditions.

What did the court decide?

Anticipatory bail granted subject to execution of bond of Rs. 50,000, daily appearances, non-interference with investigation and witnesses, and non-commitment of further crimes.

Girish Kumar, 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 GOPINATH P.

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WEDNESDAY, THE 15TH DAY OF DECEMBER 2021 / 24TH AGRAHAYANA, 1943

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BAIL APPL. NO. 7735 OF 2021

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CRIME NO.2177/2021 OF VAIKOM POLICE STATION

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PETITIONER/ACCUSED:

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GIRISH KUMAR,
AGED 33 YEARS
S/O.MURUKAN, KUMARAKATHUPARAMBIL HOUSE, THEKKENDAD,
VAIKOM P.O., KOTTAYAM, PIN-686 141.
BY ADVS.
K.R.VINOD
M.S.LETHA
K.S.SREEREKHA

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RESPONDENT/S:

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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, KOCHI-682 031.

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SMT. SREEJA .V. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 7735 OF 2021 2

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ORDER

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This an application for anticipatory bail.

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Petitioner is the accused in Crime No.2177/2021 of Vaikom police station, alleging commission of offences under Sections 324 and 326 of the Indian Penal Code.

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The allegation against the petitioner is that, he assaulted the de facto complainant caused a fracture on the left thigh bone of the de facto complainant. It is alleged that the petitioner had attacked the de facto complainant with a handle of a spade.

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Learned counsel appearing for the petitioner would submit that the de facto complainant and his nephew had, owing to a boundary dispute with the brother of the petitioner, trespassed into the property of the brother of the petitioner and had threatened the petitioner’s brother and his sister-inlaw, on 19.09.2021. It is submitted that the sister-in-law of the petitioner had filed Annexure-A3 complaint before the Sub Inspector of Police, Vaikom regarding the incident. It is submitted that when the de facto complainant and his nephew had trespassed into the property of the petitioner’s brother, the petitioner who is residing next door had gone there to

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BAIL APPL. NO. 7735 OF 2021 3

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enquire about the incident and on seeing the petitioner, the de facto complainant and his nephew, who were under the influence of alcohol, had run away from there and while running away, the de facto complainant fell into a pit. It is submitted that the injury, if any, caused to the de facto complainant was on account on the said fall and not on account of any attack by the petitioner as alleged. It is also submitted that in respect of the incident that took place on 19.09.2021, the de facto complainant had filed the complaint only on 23.09.2021.

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I have heard the learned Public Prosecutor also. Learned Public Prosecutor would submit that going by the wound certificate in respect of the de facto complainant, he had suffered serious injuries and therefore, the offence under Section 326 of the Indian Penal Code is clearly attracted. It is submitted that taking into account the allegations in the First Information Statement of the de facto complainant, he had been attacked using a spade and recovery of the spade is to be effected. It is also submitted that grant of bail will affect the investigation into the matter.

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Having regard to the facts and circumstances of the case and considering the fact that custodial interrogation of

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BAIL APPL. NO. 7735 OF 2021 4

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the petitioner may not be necessary in the matter, I am inclined to grant bail to the petitioner subject to strict conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.2177/2021 of Vaikom police Station subject to the following conditions:-

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(i) Petitioner shall execute bond for a sum of Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall appear before the investigating officer in Crime No.2177/2021 of Vaikom Police station every day at 09.00 am for a period from 20.12.2021 to 24.12.2021 and thereafter, whenever called upon to do so. He shall cooperate with the investigation in every manner;

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(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.2177/2021 of Vaikom police station;

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(iv) The petitioner shall not involve in any other crime while on bail.

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BAIL APPL. NO. 7735 OF 2021 5

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If any of the aforesaid conditions are violated, the investigating officer in Crime No. 2177/2021 of Vaikom police

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station may file an application before the jurisdictional Court, for cancellation of bail.

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sd/GOPINATH P. JUDGE

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ajt

Girish Kumar, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Girish Kumar, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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