Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 29TH DAY OF JULY 2013 7TH SRAVANA, 1935 Bail Appl..No. 5201 of 2013 () ------------------------------- AGAINST THE ORDER/JUDGMENT IN CRMC 1529 2013 of D.C. & SESSIONS COURT,THRISSUR DATED 11 07-2013 CRIME NO. 1162/2013 OF VALAPPAD POLICE STATION, TRISSUR PETITIONER/ SOLE ACCUSED: ---------------------------- RANJITH, AGED 3 YEARS, S/O.KOVIL THEKEVALAPIL BHARATHAN, VALAPPAD VILLAGE, CHAVAKKAD TALUK BY ADV. SRI.G.SREEKUMAR (CHELUR) STATE OF KERALA/ COMPLAINANT: ------------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM ”
301. BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKM S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No.5201 of 2013 ----------------------------------- Dated this the 29th day of July, 2013 ORDER Petitioner is the sole accused in Crime No.1162 of 2013 of Valappad Police Station registered for offences punishable under Sections 448, 341, 323 and 308 of the Indian Penal Code, with the investigation now being continued incorporating the offence under Section 324 I.P.C. also. Petitioner has filed the above petition seeking the discretionary relief of pre-arrest bail invoking Section 438 of the Code of Criminal Procedure (for short "the Code").
2. Allegation is that on 23.06.2013, at about 6.30.p.m., after committing criminal trespass upon the residential building of de facto complainant, petitioner assaulted him, striking on his head with an umbrella and causing him severe injuries. The victim evaded the strike with the umbrella aimed at a vital part of his head, and it landed upon the back of his head, otherwise the resultant injury would have been fatal causing the death of victim, and in that case petitioner would have been liable for the offence of culpable homicide not amounting to murder, is the allegation to implicate him for the offence under Section 308 I.P.C. Investigation of the crime is now in progress, and, during the course of which the offence under Section 324 I.P.C. has also been added in the crime. B.A.No.5201 o”
2. 3. Learned counsel for petitioner submits that the grave offence under Section 308 I.P.C. has been added to keep him under detention for some time, after his arrest in the crime. Alleged weapon on the offence is an umbrella and it cannot be considered as a deadly weapon, is the further submission of counsel to contend that the allegation imputed to implicate him for the offence under Section 308 I.P.C. is not true to facts. Petitioner is prepared to co-operate with investigation, is the submission of counsel to urge for granting him anticipatory bail. Opposing the application learned Public Prosecutor submitted that the facts and circumstances presented in the case would show that petitioner committed criminal trespass upon the residential building of victim and assaulted him for the reason that victim had earlier restrained petitioner from attacking his own father. Victim was assaulted in his own house by petitioner add gravity to the offence, is the further submission of learned public prosecutor to oppose the application.
4. Case diary has been produced for my perusal. After looking into the materials so far gathered by the investigating agency including the wound certificate of the victim, with reference to the submissions made by counsel on both sides, I B.A.No.5201 o”
3. find arrest and custodial interrogation of petitioner may not be essential for a fair investigation of the crime. Petitioner can be directed to co-operate with investigation of the crime. Directing him to do so, he can be extended the relief of anticipatory bail. i. Petitioner shall report before the investigating officer at 10.00.a.m.on 01.08.2013. After his interrogation, in the event of his arrest in the crime, he shall be released on bail on executing a bond for Rs.10,000/- (Rupees Ten thousand only) with one solvent surety for the like sum. ii. Petitioner shall report before the investigating officer later, if his presence is demanded for smooth completion of investigation of crime, till it is completed. iii. Petitioner shall not leave the State for a period of six months or till completion of investigation of the crime, whichever is earlier. In default of petitioner to appear before the investigating officer on the date and time fixed, this Order shall cease to have any effect. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE RKM