Vinod vs State of Kerala

VINOD vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 28, 2023

~5 min read

https://sooperkanoon.com/case/1346921

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1346921
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Apr 28, 2023
Case Number: Bail Appl./2306/2023

Parties & Advocates

Appellant / Petitioner

VINOD

Respondent

State of Kerala

Excerpt

.....b.a no.2306 of 2023 34. the learned counsel for the petitioner submits that the petitioner isinnocent of all the allegations. it is further pointed out that, the incident occurred during the course of a scuffle between the deceased and the de facto complainant. during the course of such scuffle, the de facto complainant sustained a minor injury on the left hand. but later, due to loss of blood, his death occurred. the petitioner further submits that he is prepared to abide any conditions that may be imposed by this court.5. on the other hand the learned public prosecutor opposed theapplication for bail. it is pointed out that, in fact, the petitioner carried a knife with him and attempted to inflict injury on the chest, but, during the course of scuffle, the injuries sustained on the hand. therefore, it is pointed out that, the bail cannot be granted to the petitioner.6. i have gone through the records and considered the contentionsraised by both sides. it is true that there are certain allegations against the petitioner. but from the materials produced on record, it is evident that there is only a single injury on the body of the deceased. the petitioner is not involved in any other criminal cases. now, the petitioner is in custody since 20.2.2023 and there is substantial progress in the investigation. in such b.a no.2306 of 2023 4 circumstances, the continued incarceration of the petitioner appears to be not necessary. therefore, the petitioner can be released on bail by incorporating appropriate conditions to ensure that the petitioner is not entering within the territorial limits of the police station concerned until the investigation is completed. accordingly, this application for bail is allowed and the petitioner is directed to be released on bail subject to the following conditions:1) the petitioner shall be released on bail on executing a bond for rs.1,00,000/- (rupees one lakh only) with two solvent sureties each for the like sum to the.....

Full Judgment

B.A No.2306 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945 BAIL APPL. NO. 2306 OF 2023 CRIME NO.102/2023 OF KURATHIKADU POLICE STATION, ALAPPUZHA PETITIONER/S: VINOD AGED 50 YEARS S/O KRISHNANKUTTY, RESIDING AT VISHNU BHAVANAM, UMBERNAADU MURI, THEKKEKKARA, ALAPPUZHA, PIN - 690107 BY ADVS. M.KIRANLAL MANU RAMACHANDRAN R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON
RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADVS. SRI.VIPIN NARAYAN, SENIOR G.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A No.2306 of 2023 2 ZIYAD RAHMAN A.A., J ----------------------------------------- B.A No.2306 of 2023 ------------------------------------------- Dated this the 28th day of April, 2023

O R D E R

The petitioner is the sole accused in Crime No.102/2023 of the Kurathikadu Police Station, Alappuzha. The offences alleged against the petitioner are punishable under Sections 302 and 506 of the Indian Penal Code.

2. The prosecution case is that on 16.2.2023 at about 11.30 pm., the

petitioner attacked one Sajesh by stabbing him on his left hand. Consequent to the injuries sustained, the said Sajesh died and the crime was registered in such circumstances. In connection with the investigation of the said case, the petitioner was arrested on 20.2.2023 and since then, he has been under detention.

3. Heard Sri.Kiran Lal, the learned counsel appearing for the petitioner and Sri.Vipin Narayan, the learned Public Prosecutor appearing for the respondent. B.A No.2306 of 2023 3

4. The learned counsel for the petitioner submits that the petitioner is

innocent of all the allegations. It is further pointed out that, the incident occurred during the course of a scuffle between the deceased and the de facto complainant. During the course of such scuffle, the de facto complainant sustained a minor injury on the left hand. But later, due to loss of blood, his death occurred. The petitioner further submits that he is prepared to abide any conditions that may be imposed by this Court.

5. On the other hand the learned Public Prosecutor opposed the

application for bail. It is pointed out that, in fact, the petitioner carried a knife with him and attempted to inflict injury on the chest, but, during the course of scuffle, the injuries sustained on the hand. Therefore, it is pointed out that, the bail cannot be granted to the petitioner.

6. I have gone through the records and considered the contentions

raised by both sides. It is true that there are certain allegations against the petitioner. But from the materials produced on record, it is evident that there is only a single injury on the body of the deceased. The petitioner is not involved in any other criminal cases. Now, the petitioner is in custody since 20.2.2023 and there is substantial progress in the investigation. In such B.A No.2306 of 2023 4 circumstances, the continued incarceration of the petitioner appears to be not necessary. Therefore, the petitioner can be released on bail by incorporating appropriate conditions to ensure that the petitioner is not entering within the territorial limits of the police station concerned until the investigation is completed. Accordingly, this application for bail is allowed and the petitioner is directed to be released on bail subject to the following conditions:

1) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2) The petitioner shall fully co-operate with the investigation. 3) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report. 4) The petitioner shall appear before the Investigating Officer as and when required. 5) The petitioner shall not commit any offence of similar nature while on bail. 6) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or

B.A No.2306 of 2023 5

influence any witnesses or other persons related to the investigation. 7) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court. 8) The petitioner shall not enter into the territorial limits of Kurathikadu Police Station until the filing of final report except for the purpose of reporting to the police in compliance with the directions issued in this order. 9) The petitioner shall surrender his passport before the Jurisdictional court and, in case he does not have a passport, an affidavit to that effect shall be filed. In case of violation of any of the above conditions, the jurisdictional

Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A. JUDGE ab

Same Court & Year Kerala · 2023 Same Parties VINOD vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.