Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH FRIDAY,THE27H DAY OF JUNE20146TH ASHADHA, 1936 Bail Appl..No. 4508 of 2014 () ------------------------------- CRIME NO. 534/2014 OF SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM -------------------- PETITIONER/ACCUSED : ------------------------------------ SHIYAZ, AGED22 S/O. SHIHABUDEEN, THADATHARIKATHU VEEDU, VIKAS NAGAR, SREEKARIYAM (PO), THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.LIJU M.P. RESPONDENT/COMPLAINANT : ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE SREEKARIYAM POLICE STATION THIRUVANANTHAPRUAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031 BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2706-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.4508 of 2014 -------------------------------------------- Dated this the 27th day of June 2014 ORDER
Petitioner is accused in Crime No.534 of 2014 of the Sreekariyam Police station for the offences punishable under Secs.294(b), 324, 452 of the Indian Penal Code, Sec.27 of the Arms Act, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 13.05.2014 at about 8 p.m., the petitioner trespassed into house of the defacto complainant and assaulted the victim with sword causing serious injuries. The victim is undergoing treatment in the ICU of the Medical College hospital. His statement could not be recorded.
3. Learned counsel submitted that the allegations are not true. There was a dispute over a tamarind tree and brother of the defacto complainant assaulted the Bail Appl. No.4508 of 2014 2 petitioner's father. He sustained injury and was admitted in the hospital as revealed by Annexure-A, wound certificate. It is submitted that at any rate, offence alleged is not pre meditated. It is also submitted that the petitioner is a student about to join the LLB course.
4. I have gone through the CD file. A witness has given statement regarding the alleged incident where there is reference to the alleged act of the petitioner. The weapon is not recovered. In the circumstance, request for pre arrest bail cannot be allowed. But I am inclined to issue directions. Application is disposed of as under.
1. Petitioner shall surrender before the officer investigating Crime No.534 of 2014 of the Sreekariyam Police station on 07.07.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the Bail Appl. No.4508 of 2014 3 petitioner on any other day/days and time which the petitioner shall comply.
3. Petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
5. On such production, it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance.
6. If custody of the petitioner is required for any purpose, the investigating officer also can move application before the learned magistrate.
7. Learned magistrate shall consider the application(s) having regard to all relevant Bail Appl. No.4508 of 2014 4 circumstances including the antecedents if any of the petitioner, whether his detention is required for recovery of any material object and pass appropriate orders as early as possible. Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge