Application for anticipatory bail under Section 438 Cr.P.C in a case involving hurt and attempted culpable homicide allowed. Court granted pre-arrest bail directing surrender within two weeks and execution of a surety bond.
Application allowed; applicant directed to surrender within two weeks and execute bond with sureties on specified conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942 Bail Appl..No.876 OF 2021
CRIME NO.1955/2020 OF Munnar Police Station , Idukki
PETITIONER/S:
BALAKRISHNAN AGED 33 YEARS AATTUKADU,PALLIVAASAL, MUNNARI, IDUKKI 685565
BY ADV. SRI.S.NIDHEESH
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.V.SREEJA -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.876 OF 2021
2
ORDER
Dated this the 18th day of February 2021
This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.
No.1955/2020 of Munnar Police Station, for having
allegedly committed offences punishable under Sections 323,324,308 r/w Section 34 IPC.
facto complainant, who is a driver had allegedly
distributed the materials which was brought for the
construction of a road to the neighbors in the
locality. Infuriated by his act, on 21.12.2020, the
accused 1 and 2 in furtherness of common intention
attacked the de facto complainant and the 1st accused
tried to hit the de facto complainant with a dangerous
weapon like a Jacky lever on his head which was warded
off by the de facto complainant with his right hand and
thereby caused injury to his right hand and thump. Had
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Bail Appl..No.876 OF 2021
the blow the landed on his head, it could have proved
fatal, thus the applicant and the co-accused attempted to commit culpable homicide. The applicants state of
allegation are not true and that the de facto
complainant has not sustained any serious injuries and Section 308 has been incorporated deliberately to
refuse the bail to the applicant. He is willing
cooperate with the investigation and therefore, he seeks pre-arrest bail.
and the learned Public Prosecutor.
2nd accused was already arrested but the weapon
allegedly used by the applicant is yet to be recovered. It is also pointed out that the applicant is a person having criminal antecedents, he is involved in another crime at the year 2020 for offence punishable under
Section 354(A) among others, and therefore, the
application for bail is vehemently opposed. After having heard the learned counsel for the applicant and also the Public Prosecutor, I find that the injury
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Bail Appl..No.876 OF 2021
sustained by the de facto complainant is not very
serious, it is a simple hurt sustained to his right hand and the thump, the only reason for the custodial interrogation of the applicant would be for the purpose of recovering the jack lever which he had allegedly
used to cause hurt. The applicant is willing to
cooperate with the investigation. The 2nd accused has already been granted bail after his arrest and
therefore, I find that the applicant is entitled to the Pre-arrest bail.
Hence, the application is allowed and the
applicant is directed to surrender before the investigating officer within two weeks, and after interrogation and the 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;
i.He shall not tamper with evidence, influence or
intimidate witnesses.
Bail Appl..No.876 OF 2021
5
ii. He shall appear before the investigating
officer as and when called for.
iii. 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
SJ
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant in an offence punishable under Sections 323, 324, 308 IPC.
Whether the injury sustained by the complainant warrants custodial interrogation.
1 provisions across 1 enactments
BALAKRISHNAN
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
