The High Court of Kerala granted anticipatory bail to the second petitioner in a case involving grievoushurt with the loss of vision, denying it to the first accused due to her substantial role in the assault while releasing the second on conditional bail.
Bail granted to the 2nd petitioner on conditions; bail to the 1st petitioner rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 28TH DAY OF MARCH 2023 / 7TH CHAITHRA, 1945
BAIL APPL. NO. 457 OF 2023
CRIME NO.39/2023 OF MALA POLICE STATION, THRISSUR
PETITIONERS/ACCUSED 1 AND 2:
1 GIRIJAN
AGED 70 YEARS, S/O VAZHELIPARAMBIL APPU, EDAYATTOOR DESOM, ALATHOOR VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680741
M.M.DEEPA P.MAYA ANUROOPA JAYADEVAN MARTINA MARTIN P.M.
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
T V NEEMA – SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Dated this the 28th day of March, 2023
This is a petition filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail and the petitioners are accused Nos. 1 and 2 in crime No.39/2023 of Mala Police Station, Thrissur.
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prosecution alleges commission of offences punishable under Sections 324 r/w 34 of IPC initially and thereafter Section 326 of IPC also was added.
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learned counsel for the petitioners.
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hand, right leg and right eye of the defacto complainant by using a wooden stick. Similarly, the 2nd accused also beat the defacto complainant on his right hand and body by using a wooden stick and thereby he fell down. He underwent inpatient treatment initially at the Mala Government Hospital and later at Government Medical College Hospital, Thrissur. In the medical certificate issued from the Government Medical College Hospital would go to show that the petitioner was treated as inpatient from 10.01.2023 to
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the injuries noted are on the right eye as well as disc and vessels are serious and the same would lead to loss of vision. In this matter, the overt acts at the instance of the 1st accused caused the above injuries and no injuries noted on the right hand of the defacto complainant, where the 2nd accused alleged to have beat.
i. The 2nd accused/2nd petitioner shall surrender
before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the 2nd petitioner, record her statement and recovery the wooden stick alleged to be used by the 2nd petitioner. In the event of her arrest, the Investigating
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Officer shall produce the 2nd petitioner before the Jurisdictional Court on the date of arrest itself.
ii. On such production, Jurisdictional Court shall release the 2nd petitioner on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by herself and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court.
iii. The 2nd accused/2nd petitioner 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.
iv. The 2nd accused/2nd petitioner, shall not,
intimidate the witnesses or interfere with the investigation in any manner.
v. The 2nd accused/2nd petitioner 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
SK
3 issues framed by the court
Whether anticipatory bail should be granted to two accused in a case of culpable insult and voluntarily causing grievous hurt.
Whether the first accused playing a major role disentitles her from anticipatory bail.
Whether the second accused playing a minor role can be enlarged on bail with conditions.
2 provisions across 2 enactments
GIRIJAN
GEETHA
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
