Manu Vs. State of Kerala

Manu vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 01, 2013

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https://sooperkanoon.com/case/1012862

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Citation: sooperkanoon.com/1012862
Court: Kerala High Court
Judge: Honourable Mr.Justice T.R.Ramachandran Nair
Decided On: Feb 01, 2013
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Manu

Respondent

State of Kerala

Excerpt

.....143, 147, 148, 341,323, 324, 308 r/w 149 of ipc. the petitioners would point out that they are innocent and have been falsely implicated.2. the incident which gave rise to the case has occurred on 17.1.2013 at 9 p.m. allegation against the petitioners is that they formed themselves into an unlawful assembly and in furtherance of their common object attacked the defacto complainant using dangerous weapons and caused injuries to him. further allegation is that the second petitioner had also attacked the sister of the defacto complainant and mother.3. the petitioners would admit that there was scuffle between the two groups and contention is that in the said scuffle the defacto complainant might have been injured.4. learned public prosecutor opposed the petition and pointed out that the investigation is at an infant stage. b.a.no.757/2013 :2:5. after having heard the learned counsel for the petitioners and the learned public prosecutor and after having perused the records, the claim of the petitioners that they are innocent cannot be accepted. definite roles are attributed to them of inflicting injuries on the defacto complainant. a deeper probe into the matter is not warranted at this point of time. suffice it to say that considering the nature of allegations, manner in which the offence was committed, weapons used, injuries caused and also the fact that the investigation is at an infant stage, preclude this court from exercising the extraordinary jurisdiction in favour of the petitioners. the petition is accordingly dismissed.6. however, the petitioners, if so advised, may surrender before the investigating officer on or before 8.2.2013, who after interrogation shall produce them before the jfcm court concerned, which court, on bail applications being moved by the petitioners, may dispose of the same in accordance with law. p.bhavadasan, judge. okb.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 1ST DAY OF FEBRUARY 2013 12TH MAGHA 193 Bail Appl..No. 757 of 2013 () ----------------------------- CRIME NO. 75/2013 OF SASTHAMCOTTA POLICE STATION , KOLLAM DIST. ----------------- PETITIONERS/ACCUSED A1 TO 4 AND 6 TO 9:-: ----------------------------------------- 1. MANU, (A-1), AGED 2 YEARS, S/O.ARJUNAN,KOTTAKKUZHI KIZHEKKETHIL,VALIAPAADOM, VILANTHARA P.O., WEST KALLADA VILLAGE, KUNNATHOOR THALUK,KOLLAM DISTRICT.

2. JINU, (A-2), AGED 2 YEARS, S/O.MONACHAN, JEO BHAVANAM,VALIAPAADOM, VILANTHARA P.O., WEST KALLADA VILLAGE,KUNNATHOOR THALUK,KOLLAM DISTRICT.

3. SHYAM, (A-3), AGED 2 YEARS, S/O.ARJUNAN,KOTTAKKUZHI KIZHEKKETHIL,VALIAPAADOM, VILANTHARA P.O., WEST KALLADA VILLAGE,KUNNATHOOR THALUK,KOLLAM DISTRICT.

4. KOCHUMON, (A-4), AGED 1 YEARS S/O.ANIRUDHAN,BHAGAVTHI VILA,VALIAPAADOM VILANTHARA P.O.,WEST KALLADA VILLAGE KUNNATHOOR THALUK,KOLLAM DISTRICT.

5. ANANTHU, (A-6), S/O.ANANDN,MECHIRA VEEDU,VALIAPAADOM VILANTHARA P.O.,WEST KALLADA VILLAGE KUNNATHOOR THALUK,KOLLAM DISTRICT.

6. ANIL, (A-7), AGED 2 YEARS S/O.GOPALAN,RESHMA BHAVANAM,VALIAPAADOM VILANTHARA P.O.,WEST KALLADA VILLAGE KUNNATHOOR THALUK,KOLLAM DISTRICT.

7. AROMAL, (A-8), AGED 2 YEARS S/O.ANIRUDHAN,BHAGAVTHI VILA,VALIAPAADOM VILANTHARA P.O.,WEST KALLADA VILLAGE KUNNATHOOR THALUK,KOLLAM DISTRICT. VK Bail Appl..No. 757 of 2013 () ----------------------------- 8. SUDARSANAN, (A-9), S/O.NANUKKUTTAN,ASHA BHAVANAM,VALIAPAADOM VILANTHARA P.O.,WEST KALLADA VILLAGE KUNNATHOOR THALUK,KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT/COMPLAINANT:: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.BHAVADASAN, J.

--------------------------------------------- B.A. No.757 of 2013 --------------------------------------------- Dated this the 1st day of February, 2013 ORDER The petitioners are accused 1 to 4 and 6 to 9 in Crime No.75/2013 of Sasthamcotta Police Station, who were alleged to have committed the offences punishable under Section 143, 147, 148, 341,323, 324, 308 r/w 149 of IPC. The petitioners would point out that they are innocent and have been falsely implicated.

2. The incident which gave rise to the case has occurred on 17.1.2013 at 9 p.m. Allegation against the petitioners is that they formed themselves into an unlawful assembly and in furtherance of their common object attacked the defacto complainant using dangerous weapons and caused injuries to him. Further allegation is that the second petitioner had also attacked the sister of the defacto complainant and mother.

3. The petitioners would admit that there was scuffle between the two groups and contention is that in the said scuffle the defacto complainant might have been injured.

4. Learned Public Prosecutor opposed the petition and pointed out that the investigation is at an infant stage. B.A.No.757/2013 :2:

5. After having heard the learned counsel for the petitioners and the learned Public Prosecutor and after having perused the records, the claim of the petitioners that they are innocent cannot be accepted. Definite roles are attributed to them of inflicting injuries on the defacto complainant. A deeper probe into the matter is not warranted at this point of time. Suffice it to say that considering the nature of allegations, manner in which the offence was committed, weapons used, injuries caused and also the fact that the investigation is at an infant stage, preclude this Court from exercising the extraordinary jurisdiction in favour of the petitioners. The petition is accordingly dismissed.

6. However, the petitioners, if so advised, may surrender before the Investigating Officer on or before 8.2.2013, who after interrogation shall produce them before the JFCM court concerned, which court, on bail applications being moved by the petitioners, may dispose of the same in accordance with law. P.BHAVADASAN, Judge. okb.

Same Court & Year Kerala · 2013 Same Parties Manu vs State of Kerala Same Subject Right to Information Same Judge Honourable Mr.Justice T.R.Ramachandran Nair