Allowed

Saniyo v. State of Kerala

Kerala HC29 Mar 2023Bail Appl./585/2023

Case brief

AI extract

What is this about?

In a bail application filed by the 3rd accused for offences under the IPC involving unlawful assembly causing grievous injury, the High Court directed surrender for interrogation and enlarged the petitioner on bail as recovery was completed.

What did the court decide?

Petitioner enlarged on bail on condition of surrender for interrogation, execution of bond with sureties, and cooperation with investigation.

Saniyo Vs State of Kerala — Bail and Remand | 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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WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945

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BAIL APPL. NO. 585 OF 2023

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(CRIME NO. 4/2023 OF KOTTIYAM POLICE STATION, KOLLAM

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DISTRICT)

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PETITIONER/3RD ACCUSED:

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SANIYO

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AGED 20 YEARS
S/O.STEPHEN, SNEHALAYAM, THAZHUTHALA VILLAGE,
KANNANALLOOR, KOLLAM -, PIN - 691576

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BY ADVS.
PRATHEESH.P
ANJANA KANNATH

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RESPONDENT/STATE:

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

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2 STATION HOUSE OFFICER KOTTIYAM POLICE STATION, KOLLAM DISTRICT, PIN - 691571

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OTHER PRESENT:

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T V NEEMA SRPP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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BAIL APPL. No. 585 of 2023

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O R D E R

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Dated this the 29^th day of March, 2023

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This is an application seeking pre-arrest bail filed by the 3^rd accused in Crime No. 4/2023 of Kottiyam Police Station, Kollam.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

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I have perused the relevant documents form part of the case diary including the First Information Statement placed by the learned Public Prosecutor.

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The prosecution case is that, at about 9.50 pm on 31.12.2022, the accused herein, formed into an unlawful assembly with knowledge that they are members of the said assembly, armed with deadly weapons to commit culpable homicide not amounting to murder of the defacto complainant. Thereafter, they assaulted the defacto complainant. Though, the defacto complainant sustained serious injuries, he survived. Pursuant to the occurance, crime alleging commission of offences punishable under Sections 143, 147, 148, 323, 324, 326, 308 and 149 of Indian Penal Code, was registered.

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BAIL APPL. No. 585 of 2023

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It is pointed out by the learned counsel for the petitioner that the petitioner who is the 3^rd accused in this crime, is innocent and the allegation against him is confined use of hands to attack the defacto complainant. The learned counsel further submitted that Mr. Milan, the 1^st accused beat the defacto complainant by using an iron tool and the same caused injuries on the cheek and hand of the defacto complainant.

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According to the learned counsel for the petitioner, since, there is no allegations for the prosecution that the petitioner did use any weapon to assault the defacto complainant, the petitioner may be released on bail and he is ready to co-operate with the investigation, since, his arrest, custodial interrogation and recovery of weapon are not necessary for the purpose of the investigation.

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The learned Public Prosecutor pointed out the seriousness of

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the injuries sustained by the defacto complainant including comminuted fracture, proximal phalanx - left fourth finger along with swelling over (LF) frontal region, abrasion over temporoparietal area, abrasion over right tibia region and swelling over the right hand.

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On perusal of the available materials, the prosecution case is well made out. However, the complicity of the petitioner is confined in

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BAIL APPL. No. 585 of 2023

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the matter of use of hands to assault the defacto complainant. The report of the Investigating Officer, would show that the recovery was already effected and accused Nos. 1 and 2 are released on bail. Having noticed the above factual aspects, directing the petitioner to subject himself for interrogation for the purpose of the investigation, he can be enlarged on bail.

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Accordingly, the petition stands allowed and the petitioner can be enlarged on bail, on the following conditions:

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i. The petitioner 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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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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iiii. The 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.

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iv. The petitioner, shall not, intimidate the witnesses or interfere

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BAIL APPL. No. 585 of 2023

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with the investigation in any manner.

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

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Sd/-

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A. BADHARUDEEN,JUDGE

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mtk

Saniyo v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saniyo v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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