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Sajeevkumar Vs. State of Kerala - Court Judgment

SooperKanoon Citation

Court

Kerala High Court

Decided On

Judge

Appellant

Sajeevkumar

Respondent

State of Kerala

Excerpt:


.....for offences punishable under sections 308, 326 and 341 r/w section 34 of indian penal code. as against petitioner no specific overtact is imputed by de facto complainant in his statement giving rise to registration of the crime, is the submission of learned counsel for petitioner to extend him the discretionary relief of pre-arrest bail. investigation of the crime is still in progress and on the facts and circumstances presented in the case this is not a fit case where petitioner can be extended the relief canvassed of, is the submission of learned public prosecutor. in the occurrence involved in the crime de facto complainant suffered a fracture to a bone of one of his lower limbs apart b.a no.9801/2012 2 from other injuries, is the submission of public prosecutor. application for anticipatory bail moved by first accused in the crime, it is seen, had already been dismissed by this court vide order dated 15.01.2013. on the facts and circumstances in the case, i find, this is not a fit case where petitioner can be extended pre-arrest bail. he has to surrender and co-operate with the investigation of crime. petition is dismissed. vdv s.s.satheesachandran, judge

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. 9801 of 2012 () ------------------------------- CRIME NO. 1762/2012 OF KAYAMKULAM POLICE STATION , ALAPPUZHA ------------- PETITIONER/ACCUSED: ------------------ SAJEEVKUMAR, AGED 4 YEARS S/O RAMACHANDRAN NAIR, NEELIMA HOUSE, VADAKKUM MURI, CHAVARA, KOLLAM DISTRICT. (NOW RESIDING AT 'SHAJI MANZIL' CHENGANKULANGARA MURI, OACHIRA VILLAGE KARUNAGAPPALLY TALUK. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS/COMPLAINANT/STATE: ------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, KAYAMKULAM-690502. 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: VK S.S.SATHEESACHANDRAN, J.

----------------------------------------------- B.A No.9801 of 2012 ------------------------------------------------------- Dated this the 29th day of July, 2013 ORDER Petitioner is the second accused in Crime No.1762 of 2012 of Kayamkulam Police Station, registered for offences punishable under Sections 308, 326 and 341 r/w Section 34 of Indian Penal Code. As against petitioner no specific overtact is imputed by de facto complainant in his statement giving rise to registration of the crime, is the submission of learned counsel for petitioner to extend him the discretionary relief of pre-arrest bail. Investigation of the crime is still in progress and on the facts and circumstances presented in the case this is not a fit case where petitioner can be extended the relief canvassed of, is the submission of learned Public Prosecutor. In the occurrence involved in the crime de facto complainant suffered a fracture to a bone of one of his lower limbs apart B.A No.9801/2012 2 from other injuries, is the submission of Public Prosecutor. Application for anticipatory bail moved by first accused in the crime, it is seen, had already been dismissed by this court vide Order dated 15.01.2013. On the facts and circumstances in the case, I find, this is not a fit case where petitioner can be extended pre-arrest bail. He has to surrender and co-operate with the investigation of crime. Petition is dismissed. vdv S.S.SATHEESACHANDRAN, JUDGE




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