Partly allowed

Pranav v. State of Kerala

Kerala HC17 Feb 2023Bail Appl./336/2023

Case brief

AI extract

What is this about?

High Court of Kerala disposed of an anticipatory bail application filed by two accused charged with offences under IPC Sections 34, 308, 323, and 324. Bail was dismissed for the second accused but granted on conditions to the third accused.

What did the court decide?

Bail dismissed for the second accused; pre-arrest bail granted to the third accused on conditions of surrender, bond, cooperation, and non-interference.

Pranav Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2023)

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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 A. BADHARUDEEN

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FRIDAY, THE 17TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944

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BAIL APPL. NO. 336 OF 2023

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CRIME NO.713/2022 OF SHORNUR POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT IN CRMC 4328/2022 OF ADDITIONAL
DISTRICT COURT (ADHOC)-II, PALAKKAD

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PETITIONER/2ND & 3RD ACCUSED

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1PRANAV
AGED 21 YEARS
S/O.KASIRAJAN, KALTHUMPADIKKAL,
PANAYUR P.O., VANIYAMKULAM VILLAGE,
OTTAPPALAM TALUK, PALAKKAD DIST., PIN - 679522
2RAHUL
S/O.RADHAKRISHNAN
AGED 26 YEARS
KALTHUMPADIKKAL, PANAYUR P.O.,
VANIYAMKULAM VILLAGE, OTTAPPALAM TALUK,
PALAKKAD DIST. PIN. 679522.
BY ADV M.V.RAJENDRAN NAIR

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682031
BY SRI.P.G.MANU, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 336 OF 2023

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ORDER

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Dated this the 17^th day of February, 2023

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This is an application for anticipatory bail filed under

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Section 438 of the Code of Criminal Procedure by accused Nos. 2 and 3 in crime No.713/2022 of Shornur police station.

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Heard the learned counsel for the petitioners as

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well as the learned Public Prosecutor.

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I have perused the relevant documents forming part of the case diary placed by the learned Public Prosecutor.

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The prosecution allegation that at about 20.30 hours on 01.12.2022, the accused herein wrongfully restrained and assaulted the defacto complainant, with intention to commit culpable homicide not amounting to murder and accordingly, though the accused assaulted him, the defacto complainant survived. On this premise, the prosecution alleges commission of offences punishable under Sections 341, 323, 324 and 308 read with 34 of IPC.

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BAIL APPL. NO. 336 OF 2023

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3

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While pursuing the relief of anticipatory bail to the petitioners, it is submitted by the learned counsel for the petitioners that the petitioners are first time offenders and the overt acts are not serious. He would submit further that though the 2^nd accused alleged to have used an iron rod to beat the defacto complainant, the occurrence was out of the scuffle in between the defacto complainant and the accused. He would submit that the petitioners are ready to co-operate with the investigation and they may be granted anticipatory bail. The learned counsel for the petitioners also submitted that the petitioners are ready to be abide by any conditions as a prerequisite for grant of anticipatory bail.

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The learned Public Prosecutor zealously opposed

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grant of bail to the petitioners and submitted that arrest, custodial interrogation, and recovery of iron rod at the instance of the 2^nd petitioner/2^nd accused are absolutely necessary to accomplish meaningful investigation and successful prosecution.

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BAIL APPL. NO. 336 OF 2023

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4

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On perusal of the First Information Statement, the specific allegation against the 2^nd accused/2^nd petitioner is that when the 1^st accused caught hold on the defacto

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complainant and facilitated, the 2^nd accused after uttering to kill the defacto complainant, took an iron rod from his autorickshaw and beat on the defacto complainant’s head and back with intention to do away with him. As far as the 3^rd accused is concerned, there is no allegation for the prosecution that he did use any weapon, though he alleged to have assisted the other accused in the commission of the above offence.

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On perusal of the wound certificate and the First Information Statement given by the defacto complainant along with the photographs showing the injuries on the parietal area of the head of the defacto complainant, it could be noticed that the defacto complainant sustained lengthy injuries on the parietal region extending to 10 cm x 0.5 cm. Apart from the photographs exhibited, 10 stitches on the head of the defacto

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BAIL APPL. NO. 336 OF 2023

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5

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complainant was deposed in the FIS. In such a case, the 2^nd petitioner does not deserve pre-arrest bail as his arrest, custodial interrogation and recovery of weapon are essential part of the investigation, as pointed out by the learned Public Prosecutor. Since the complicity of the 3^rd accused is much less and the prosecution has no case that he had used any weapon to cause injuries on the defacto complainant, I am inclined to grant pre-arrest bail to the 3^rd accused on conditions.

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Accordingly, bail plea at the instance of the 2^nd petitioner /2nd accused stands dismissed while allowing pre- arrest bail to the 3^rd petitioner/3^rd accused on the following conditions:

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i. The 3^rd petitioner/3^rd accused shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself.

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BAIL APPL. NO. 336 OF 2023

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ii. On such production, the jurisdictional court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by himself and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court.

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iii. The 3^rd petitioner/3^rd accused shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. Further he shall appear before the Investigating Officer on all Wednesdays between 9 am and 10 am for six weeks from the date of his surrender.

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iv. The 3^rd petitioner/3^rd accused shall not intimidate the witnesses or interfere with the investigation in any manner.

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v. The 3^rd petitioner/3^rd accused shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.

Sd/-

A. BADHARUDEEN

JUDGE

nkr

BAIL APPL. NO. 336 OF 2023

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APPENDIX OF BAIL APPL. 336/2023

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PETITIONER ANNEXURES

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Annexure - A1TRUE COPY OF THE FIR IN CR.
NO.713/2022 OF THE SHORNUR POLICE
STATION
Annexure - A2CERTIFIED COPY OF THE ORDER DATED
22.12.2022 IN CRL.M.C. NO. 4328/2022
22.12.2022 OF ADDL. SESSIONS COURT II,
PALAKKAD.

Pranav v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pranav v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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