Satheesh Vs. State of Kerala

Satheesh vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 14, 2014

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https://sooperkanoon.com/case/1165755

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Citation: sooperkanoon.com/1165755
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Ramakrishnan
Decided On: Oct 14, 2014
Subject: Criminal

Case Summary

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

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Satheesh

Respondent

State of Kerala

Excerpt

.....1 and 2 in crime no.1011/2014 of kadakkavoor police station for regular bail under section 439 of the code of criminal procedure.2. the case of the prosecution in nutshell was that on 4.9.2014 at 7.10 p.m on account of their enmity with the defacto complainant with an intention to commit culpable homicide inflicted injury on him with a granite stone and thereby both of them have committed the offence punishable under sections 341, 323, 324 and 308 read with section 34 of the indian penal code.3. the counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same and they have been falsely implicated in the crime. 4.the application was opposed by the public prosecutor on the ground that investigation is not over.5. heard both sides and perused the case diary file. b.a.no.7340 of 2014 2 6. it is seen from the case diary file that the case was registered against the petitioners on the basis of the statement given by the defacto complainant alleging commission of the above said offences. the petitioners were arrested on 23.9.2014 and they are in jail from that day onwards and the weapon alleged to have used of the commission of the crime has already been recovered. it is seen from the wound certificate that no serious injuries have been caused to the injured. i am not at this stage going into the question as to whether the allegations are sufficient to attract the offence under section 308 of the indian penal code or not as it has to be considered by the trial court on the basis of evidence. further, custody of the petitioners is not required any more in connection with the investigation. further, the public prosecutor had no case that the petitioners have got any criminal background as well. considering the circumstances, this court feels that bail can be granted to the petitioners with stringent conditions. so, the application is allowed with the following conditions: i. the petitioners shall be.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY,THE14H DAY OF OCTOBER201422ND ASWINA, 1936 Bail Appl..No. 7340 of 2014 () ------------------------------- CRIME NO. 1011/2014 OF KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT --------------- PETITIONERS/A1 & A2:- ----------------------------------------- 1. SATHEESH, AGED25YEARS, S/O.SOMAN, MULLUVILA VEEDU, MELKADAKKAVOOR, MELKADAKKAVOOR DESOM, CHIRAYINKEEZH VILLAGE, THIRUVANANTHAPURAM.

2. ANNESH, AGED19YEARS, S/O.SOMAN, MULLUVILA VEEDU, MELKADAKKAVOOR, MELKADAKKAVOOR DESOM, CHIRAYINKEEZH VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT/STATE:- -------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1410-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K. RAMAKRISHNAN, J.

................................................. B.A.No.7340 of 2014 .................................................. Dated this the 14th day of October, 2014. ORDER

This is an application filed by accused 1 and 2 in Crime No.1011/2014 of Kadakkavoor police station for regular bail under Section 439 of the Code of Criminal Procedure.

2. The case of the prosecution in nutshell was that on 4.9.2014 at 7.10 p.m on account of their enmity with the defacto complainant with an intention to commit culpable homicide inflicted injury on him with a granite stone and thereby both of them have committed the offence punishable under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code.

3. The counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same and they have been falsely implicated in the crime. 4.The application was opposed by the Public Prosecutor on the ground that investigation is not over.

5. Heard both sides and perused the case diary file. B.A.No.7340 of 2014 2 6. It is seen from the case diary file that the case was registered against the petitioners on the basis of the statement given by the defacto complainant alleging commission of the above said offences. The petitioners were arrested on 23.9.2014 and they are in jail from that day onwards and the weapon alleged to have used of the commission of the crime has already been recovered. It is seen from the wound certificate that no serious injuries have been caused to the injured. I am not at this stage going into the question as to whether the allegations are sufficient to attract the offence under Section 308 of the Indian Penal Code or not as it has to be considered by the trial court on the basis of evidence. Further, custody of the petitioners is not required any more in connection with the investigation. Further, the Public Prosecutor had no case that the petitioners have got any criminal background as well. Considering the circumstances, this Court feels that bail can be granted to the petitioners with stringent conditions. So, the application is allowed with the following conditions: i. The petitioners shall be released on bail on executing a bond for Rs.50,000/- each with two solvent sureties for the B.A.No.7340 of 2014 3 like sum each to the satisfaction of the Judicial First Class Magistrate Court-I,Varkala. ii. The petitioners shall appear before the investigating officer on the last Saturday of every month between 9 a.m and 10 a.m for a period of three months till the final report is filed. iii. The petitioners shall not intimidate or influence the witnesses. Iv The petitioners shall not leave Thiruvananthapuram district without getting prior permission either from the Judicial First Class Magistrate-I, Varkala or from the court to which the case will be committed for trial till the disposal of the case. With the above conditions, this application is allowed. Sd/- K. RAMAKRISHNAN, JUDGE. cl /true copy/ P.S to Judge B.A.No.7340 of 2014 4

Same Court & Year Kerala · 2014 Same Parties Satheesh vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice K.Ramakrishnan