Disposed

Venkadesh.S.B v. State of Kerala

Kerala HC22 Dec 2021Bail Appl./8106/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a bail application by directing accused persons to surrender to the Investigating Officer before a specified date to facilitate investigation, with a provision to produce them before the Magistrate on the same day if they file bail application thereafter.

What did the court decide?

Petitioners to surrender to I.O. before 31.12.2021; if they file bail application on production, Magistrate to consider and dispose on same day.

Venkadesh.S.B Vs State of Kerala — Contempt of Court | 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 22^ND DAY OF DECEMBER 2021 / 1ST POUSHA, 1943

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BAIL APPL. NO. 8106 OF 2021

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Crime No.2609/2020 of Kadakkal Police Station

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PETITIONERS/ACCUSED:

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1 VENKADESH.S.B

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AGED 22 YEARS

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S/O SUBBALAL, ASWATHY, EYYAKKODU, PULLUPANA P.O, KUMMIL VILLAGE, KADAKKAL, KOLLAM DISTRICT, PIN-691536.

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2 AKHIL

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AGED 28 YEARS

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S/O GIREESHAN, AKHIL BHAVAN, PULIYAM, ADAYAMON P.O, PAZHAYAKKUNNUMMEL VILLAGE, CHIRAYINKEEZH TALUK, THIRUVANTHAPURAM-695614.

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3 VISHNU.M AGED 23 YEARS

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S/O MURALEEDHARAN, CHARUVILA PUTHEN VEEDU, EYYAKKODU, PULLUPANAP.O, KUMILI VILLAGE, KADAKKAL, KOLLAM-691536.

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4 ANILKUMAR

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AGED 45 YEARS, S/O SURYADAS, KARTHIKA, CHARUVILA, PUTHEN VEEDU, EYYAKKODU, PULLUPANA P.O, KUMMIL VILLAGE, KADAKKAL, KOLLAM-691536.

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5 B.ANEESH

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AGED 47 YEARS

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S/O BHARGAVAN, KUNNUVILA VEEDU, EYYAKKODU, PULLUPANA P.O, KUMMIL VILLAGE, KADAKKAL, KOLLAM, PIN-691536.

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6 P.HARSHAKUMAR

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AGED 55 YEARS

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S/O PURUSHOTHAMAN, THUNDUVILA VEEDU, EYYAKKODU, PULLUPANA P.O, KUMMIL VILLAGE, KADAKAL, KOLLAM-691536.

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BY ADVS. K.SIJU ANJANA KANNATH

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B.A. No.8106/2021

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-2-

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RESPONDENTS/STATE:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 THE STATION HOUSE OFFICER KADAKKAL POLICE STATION, KOLLAM DISTRICT-691536.

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OTHER PRESENT:

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SRI. NOUSHAD K.A. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.8106/2021

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O R D E R

The petitioners are the accused in Crime No.2609/2020 of Kadakkal Police Station, Kollam District alleging commission of offences under Sections 143, 147, 452, 341, 323, 354, 324 and 326 read with Section 149 of the Indian Penal Code.

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The allegation against the petitioners is that they trespassed into the house of the de facto complainant and assaulted him using dangerous weapons and resulting in multiple injuries and loss of teeth and when the wife and daughters of the de facto complainant tried to intervene, they were also assaulted by the petitioners and others.

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The learned counsel for the petitioners submit that the petitioners are absolutely innocent in the matter. It is submitted with reference to Annexure-A3 wound certificate that the assertion of the de facto complainant was that 3 known persons and others had attacked. In the First Information Statement given two days later the names of 6 accused including the petitioners have specifically mentioned. This, according to learned counsel, suggests that the allegations are false and cooked up. It is submitted that at any rate considering the nature of the allegations, custodial interrogation of the petitioners is not necessary.

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The learned Public Prosecutor on instructions would submit that the investigation in the matter is only progressing and grant of bail at this stage may affect the progress of investigation. It is submitted that serious injuries were caused to the de facto complainant and also to his wife and daughters and that a thorough investigation is required for the purpose of arriving at the truth or otherwise of the allegations against the petitioners. It is submitted that custody of the petitioner is necessary for the aforesaid purpose.

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B.A. No.8106/2021

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-4-

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Having regard to the facts and circumstances of the case, I am of the opinion that this is case where the petitioners should be directed to surrender before the Investigating Officer in Crime No.2609/2020 of Kadakkal Police Station and to co-operate with the investigation. If the petitioners surrender and co-operate with the investigation, a direction can be given to the Investigating Officer in Crime No.2609/2020 of Kadakkal Police Station to produce the petitioners before the jurisdictional Magistrate on the same day.

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In the result this bail application is disposed of directing that if the petitioners surrender before the Investigating Officer in Crime No.2609/2020 of Kadakkal Police Station on or before 31-12-2021, the petitioners shall be subjected to such interrogation as may necessary and shall be produced before the jurisdictional Magistrate on the same day. It is also directed that if the petitioners file any bail application on their production, the learned Magistrate shall endeavour to consider and dispose of the same on that day itself.

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Sd/- GOPINATH P. JUDGE

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AMG

Venkadesh.S.B v. State of Kerala

Case brief

What is this about?

What did the court decide?

Venkadesh.S.B v. State of Kerala

Case brief

What is this about?

What did the court decide?

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