Vishnu Lal Vs. State of Kerala

Vishnu Lal vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 05, 2013

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https://sooperkanoon.com/case/1014800

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Citation: sooperkanoon.com/1014800
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Kemal Pasha
Decided On: Jul 05, 2013
Subject: Criminal

Case Summary

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

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Vishnu Lal

Respondent

State of Kerala

Excerpt

.....sasthancottah police station registered for the offences punishable under sections 143, 147, 148, 506(ii), 324, 326 read with section 149 of the indian penal code.2. the allegation against the petitioners and the other accused is that on 28.02.2013 at midnight, they formed themselves into an unlawful assembly armed with deadly weapons like wooden reaper, attacked the defacto complainant and his friends. as a1 and a2 beat the defacto complainant on his hand with wooden reapers, he sustained fracture of the bone of his left forearm.3. heard the learned counsel for the petitioners b.a. no.1958/13 -:2:- and the learned public prosecutor. perused the case diary. it seems that the investigation of this case is practically over. the weapons allegedly made use by the petitioners have been recovered. at the same time it is true that the defacto complainant has sustained serious injuries including grievous hurt. no criminal antecedents have been reported against the petitioners. considering the facts and circumstances of this case and the present stage of the investigation, i am of the view that while dismissing this application for anticipatory bail an opportunity can be granted to the petitioners to surrender before the investigating officer and to cooperate with the investigation. in the result, this b.a. is dismissed, at the same time the petitioners, if so advised, may surrender before the investigating officer within ten days from today. in such case the investigating officer after interrogation and investigation, shall produce the b.a. no.1958/13 -:3:- petitioners before the concerned learned judicial first class magistrate. in such case the petitioners can move for bail and the learned magistrate shall pass appropriate orders, at the earliest, preferably on the same day itself. sd/- b. kemal pasha, judge. // true copy // p.a. to judge dsv/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 5TH DAY OF JULY 2013 14TH ASHADHA, 1935 Bail Appl..No. 1958 of 2013 () ----------------------------------------- CRIME NO. 328/2013 OF SASTHANCOTTAH POLICE STATION , KOLLAM PETITIONERS/(ACCUSED 1 A3,A4 AND A5): --------------------------------------------------------- 1. VISHNU LAL, AGED 2 YEARS, S/O.BHARADHAN, LEKSHMI NIVAS, KUNNATHOOR EAST, KUNNATHOOR.P.O., KOLLAM.

2. RAJESH, AGED 2 YEARS, SON OF RAJENDRAN, MELATHUNDIL, KUNNATHOOR EAST KUNNATHOOR.P.O., KOLLAM.

3. ARUN KUMAR, AGED 3 YEARS, SON OF VIJAYAN, GAYATHRI BHAVAN, MANAMPUZHA P.O., NADUVILA MURI, KUNNATHOOR, KOLLAM.

4. SUDHEESH, AGED 2 YEARS, SON OF MURALEEDHARAN PILLAI, THARAYIL VEEDU KUNNATHOOR EAST, KUNNATHOOR P.O., KOLLAM. BY ADVS.SRI.T.K.VENUGOPALAN SRI.V.V.VARGHESE SRI.SURESH JACOB VAIDIAN RESPONDENT/COMPLAINANT: ---------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SASTHANCOTTAH POLICE STATION, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-683 031. BY PUBLIC PROSECUTOR SRI. RAFEEK V.K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- B. KEMAL PASHA, J ------------------------------------ B.A. No. 1958 of 2013 ------------------------------------ Dated this the 5th day of July, 2013 ORDER

This is a petition under Section 438 of the Code of Criminal Procedure. Petitioners are A1, A3, A4 and A5 in Crime No.328 of 2013 of the Sasthancottah Police Station registered for the offences punishable under Sections 143, 147, 148, 506(ii), 324, 326 read with Section 149 of the Indian Penal Code.

2. The allegation against the petitioners and the other accused is that on 28.02.2013 at midnight, they formed themselves into an unlawful assembly armed with deadly weapons like wooden reaper, attacked the defacto complainant and his friends. As A1 and A2 beat the defacto complainant on his hand with wooden reapers, he sustained fracture of the bone of his left forearm.

3. Heard the learned counsel for the petitioners B.A. No.1958/13 -:2:- and the learned Public Prosecutor. Perused the case diary. It seems that the investigation of this case is practically over. The weapons allegedly made use by the petitioners have been recovered. At the same time it is true that the defacto complainant has sustained serious injuries including grievous hurt. No criminal antecedents have been reported against the petitioners. Considering the facts and circumstances of this case and the present stage of the investigation, I am of the view that while dismissing this application for anticipatory bail an opportunity can be granted to the petitioners to surrender before the Investigating Officer and to cooperate with the investigation. In the result, this B.A. is dismissed, at the same time the petitioners, if so advised, may surrender before the Investigating Officer within ten days from today. In such case the Investigating Officer after interrogation and investigation, shall produce the B.A. No.1958/13 -:3:- petitioners before the concerned learned Judicial First Class Magistrate. In such case the petitioners can move for bail and the learned Magistrate shall pass appropriate orders, at the earliest, preferably on the same day itself. Sd/- B. KEMAL PASHA, JUDGE. // True Copy // P.A. To Judge DSV/-

Same Court & Year Kerala · 2013 Same Parties Vishnu Lal vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice B.Kemal Pasha