Allowed

Unnikrishnan O, v. State of Kerala

Kerala HC5 Jun 2024Bail Appl./3030/2024

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a bail application filed by the first accused in a criminal case involving assault. The court granted pre-arrest bail, deleting charges of Section 326 IPC and noting the complaint was lodged a month after the incident.

What did the court decide?

Petitioner granted pre-arrest bail with conditions to surrender within two weeks, execute bond with sureties, appear on alternate Saturdays, cooperate with investigation, and not intimidate the compla

Unnikrishnan O, Vs State of Kerala — Property and Title | Kerala HC (2024)

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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 V.G.ARUN

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WEDNESDAY, THE 5^TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946 BAIL APPL. NO. 3030 OF 2024

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CRIME NO.477/2024 OF Karunagapally Police Station, Kollam PETITIONER/S:

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UNNIKRISHNAN O, AGED 42 YEARS S/O OMANAKKUTTAN PILLAI, SURYAKANTHI HOUSE, KURUNGAPPILLY MURI, KS PURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT-690518 BY ADVS. KRISHNADAS P. NAIR K.L.SREEKALA HARIDAS P.NAIR K.G.MANOJ KUMAR PRASOON.K.P ANU PRABHAKAR SWATHYKRISHNA K. ABHIRAMI P.S.

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RESPONDENT/S:

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

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2 THE INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT, PIN - 691001

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OTHER PRESENT:

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SR.PP.K.P.HARISH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.3030 of 2024

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ORDER

Dated this the 5^th day of June, 2024

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Petitioner is the first accused in Crime No.

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477 of 2024 of Karungappally Police Station registered for offences punishable under Sections 322, 323, 324, 325, 326, 506, 509 and 294(b) r/w Section 34 of IPC. The crime is registered on the allegation that, out of previous enmity, the petitioner assaulted the de facto complainant while she was inside the petitioner's shop and caused grievous injuries to her.

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When the matter was taken up for

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consideration, the learned Public Prosecutor submitted that, all offences, except Sections 323, 324, 506 and 509 were deleted during the course of investigation.

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Learned Counsel for the petitioner

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submitted that the allegations are patently false and it was the de facto complainant who had

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B.A.No.3030 of 2024

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attacked the petitioner while inside his shop.

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Insofar as the offence under Section 326 is deleted and the complaint, leading to registration of the crime having been raised one month after the alleged incident, I find the petitioner to be entitled for pre-arrest bail.

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The bail application is accordingly allowed with the following directions;

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(i) The petitioner shall surrender before the

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Investigating Officer within two weeks.

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(ii) The Investigating Officer shall

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interrogate the petitioner and in the event of his arrest, release him on bail, on the petitioner executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount.

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(iii) The petitioner shall appear before the

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Investigating Officer on every alternate Saturday between 10 a.m. and 11 a.m. until the final report is filed.

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B.A.No.3030 of 2024

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(iv) The petitioner shall continue to be

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deemed in custody for the purpose of recovery, if any.

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(v) The petitioner shall cooperate with the

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investigation.

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(vi) The petitioner shall not intimidate the de facto complainant or try to influence the

witnesses.

Sd/-

V.G.ARUN JUDGE

Scl/

Unnikrishnan O, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Unnikrishnan O, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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