Sunil vs State of Kerala

SUNIL vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 18, 2024

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https://sooperkanoon.com/case/1315050

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Citation: sooperkanoon.com/1315050
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Mar 18, 2024
Case Number: Bail Appl./1999/2024

Parties & Advocates

Appellant / Petitioner

SUNIL

Respondent

State of Kerala

Excerpt

.....committing the offences punishable under sections 341, 294(b), 324, 506 and 308 r/w section 34 of the indian penal code ('ipc', in short).3. the essence of the prosecution case is that: on19.02.2024 at around 21 hours, while the defacto complainant was standing on the public road, the accused 1 and 2 had inflicted grievous injuries on him with a chopper. had the defacto complainant not warded off the attack, he would have lost his life. nonetheless, he suffered a serious injury near his left elbow. thus, the accused have committed the above offences.4. heard; sri.pratheesh p., the learned counsel appearing for the petitioners and sri.c.s.hrithwik, the learned public prosecutor.5. the learned counsel appearing for the petitionerssubmitted that during the pendency of the bail application, the 2nd petitioner was arrested. the 1st petitioner would be satisfied, if this court permits the 1 st petitioner to surrender before the investigating officer and then he may be directed to be produced before the jurisdictional court on the date of surrender itself.in the light of the above submission, the bail application is dismissed by permitting the 1st petitioner to surrender before the investigating officer within one week from today. in the event of his surrender, the investigating officer shall interrogate the 1st petitioner and thereafter be produced before the jurisdictional court on the date of his surrender itself. then, if the 1 st petitioner moves an application for bail, the jurisdictional court shall consider his application on its merits and as expeditiously as possible. if the 1st petitioner does not surrender before the investigating officer as directed above, the investigatingofficer will be free to arrest the 1st petitioner as if no orderhas been passed in the above case. sd/- c.s.dias judge rkc/18.03.24 appendix of bail appl. 1999/2024 petitioner annexures annexure a1 the copy of fir in crime no.330/2024 of karunagappally police station,.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 CRIME NO.330/2024 OF Karunagapally Police Station, Kollam PETITIONER/S: 1 SUNIL AGED 40 YEARS S/O PADMANABHAN, KADAYKKAL KIZHAKKATHIL KESHAVAPURAM MURI, AYANIVELIKULANGARA, KARUNAGAPALLY, KOLLAM, PIN - 2 ABHISHEK AGED 21 YEARS S/O SUNIL, MADATHILVILA VEEDU, CHERIYELAALUMMOODU P.O., KOLLAM DISTRICT, PIN - 691577 BY ADVS. PRATHEESH.P ANJANA KANNATH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER KARUNAGAPALLY POLICE STATION, KOLLAM DISTRICT, PIN - OTHER PRESENT: SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

2. The petitioners are the accused 1 and 2 in Crime

No.330/2024 of the Karunagappally Police Station, Kollam registered against them for allegedly committing the offences punishable under Sections 341, 294(b), 324, 506 and 308 r/w Section 34 of the Indian Penal Code ('IPC', in short).

3. The essence of the prosecution case is that: on

19.02.2024 at around 21 hours, while the defacto complainant was standing on the public road, the accused 1 and 2 had inflicted grievous injuries on him with a chopper. Had the defacto complainant not warded off the attack, he would have lost his life. Nonetheless, he suffered a serious injury near his left elbow. Thus, the accused have committed the above offences.

4. Heard; Sri.Pratheesh P., the learned counsel appearing for the petitioners and Sri.C.S.Hrithwik, the learned Public Prosecutor.

5. The learned counsel appearing for the petitioners

submitted that during the pendency of the bail application, the 2nd petitioner was arrested. The 1st petitioner would be satisfied, if this Court permits the 1 st petitioner to surrender before the Investigating Officer and then he may be directed to be produced before the jurisdictional court on the date of surrender itself.

In the light of the above submission, the bail application is dismissed by permitting the 1st petitioner to surrender before the Investigating Officer within one week from today. In the event of his surrender, the Investigating Officer shall interrogate the 1st petitioner and thereafter be produced before the jurisdictional court on the date of his surrender itself. Then, if the 1 st petitioner moves an application for bail, the jurisdictional court shall consider his application on its merits and as expeditiously as possible. If the 1st petitioner does not surrender before the Investigating Officer as directed above, the Investigating

Officer will be free to arrest the 1st petitioner as if no order

has been passed in the above case. Sd/- C.S.DIAS JUDGE rkc/18.03.24 APPENDIX OF BAIL APPL. 1999/2024 PETITIONER ANNEXURES Annexure A1 THE COPY OF FIR IN CRIME NO.330/2024 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT DATED 20.02.2024

Same Court & Year Kerala Orders · 2024 Same Parties SUNIL vs State of Kerala Same Judge Honourable Mr.Justice C.S.Dias