Sarath Kumar vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 16, 2023

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Citation: sooperkanoon.com/1352798
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: May 16, 2023
Case Number: Bail Appl./2844/2023

Parties & Advocates

Appellant / Petitioner

Sarath Kumar

Respondent

State of Kerala

Excerpt

.....of police, thrikunnapuzha police station, alappuzha - 690 515. by adv.sr.vipin narayan, sr.p.p this bail application having come up for admission on 16.05.2023, the court on the same day passed the following: -2-orderthis is an application for anticipatory bail filed under section 438 of the code of criminal procedure.2. the petitioner is arrayed as the 1 st accused in crime no.211/2023 of thrikkunnapuzha police station, registered for offences punishable under sections 294(b), 323, 324, 326 read with section 34 of the ipc.3. the prosecution allegation is that, atabout 10 p.m. on 24.03.2023, while the de facto complainant was standing on the road in front of his house, the accused, out of previous enmity, assaulted him with an iron rod.4. the learned counsel for the petitioner submitted that the complaint, based on which the crime is registered, is patently false and submitted only as a counterblast to the crime registered against the de facto complainant at -3- the instance of the petitioner’s uncle. it is submitted that even going by the allegations, custodial interrogation of the petitioner is not required.5. the learned public prosecutor submitted,on instructions that the offence under section 326 has subsequently been altered to section 325, and hence all the offences are now bailable. the above submission is recorded and the bail application is closed. sd/- v.g.arun judge akv -4- appendix of bail appl. 2844/2023 petitioner annexures annexure 1 true copy of the fir in crime no.211/2023 of thrikunnapuzha police annexure 2 true copy of the f.i.r in crime no.213/2023 of thrikkunapuzha police

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945 (IN CRIME NO.211/2023 OF THRIKUNNAPUZHA POLICE STATION, ALAPPUZHA DISTRICT) PETITIONER/1ST ACCUSED: SARATH KUMAR, AGED 24 YEARS, S/O SANTHOSH KUMAR G, MOOLAYIL VEEDU, PERUMPALLY MURI, ARATTUPUZHA VILLAGE, VALIAZHEEKAL P.O., ALAPPUZHA, PIN - 690 535. BY ADVS.GOKUL D. SUDHAKARAN ARAVIND BABU A.S RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031. 2 THE SUB INSPECTOR OF POLICE, THRIKUNNAPUZHA POLICE STATION, ALAPPUZHA - 690 515. BY ADV.SR.VIPIN NARAYAN, SR.P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

ORDER

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure.

2. The petitioner is arrayed as the 1 st accused in Crime No.211/2023 of Thrikkunnapuzha Police Station, registered for offences punishable under Sections 294(b), 323, 324, 326 read with Section 34 of the IPC.

3. The prosecution allegation is that, at

about 10 p.m. on 24.03.2023, while the de facto complainant was standing on the road in front of his house, the accused, out of previous enmity, assaulted him with an iron rod.

4. The learned counsel for the petitioner submitted that the complaint, based on which the crime is registered, is patently false and submitted only as a counterblast to the crime registered against the de facto complainant at -3- the instance of the petitioner’s uncle. It is submitted that even going by the allegations, custodial interrogation of the petitioner is not required.

5. The learned Public Prosecutor submitted,

on instructions that the offence under Section 326 has subsequently been altered to Section 325, and hence all the offences are now bailable. The above submission is recorded and the Bail Application is closed. Sd/- V.G.ARUN JUDGE akv -4- APPENDIX OF BAIL APPL. 2844/2023 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO.211/2023 OF THRIKUNNAPUZHA POLICE ANNEXURE 2 TRUE COPY OF THE F.I.R IN CRIME NO.213/2023 OF THRIKKUNAPUZHA POLICE

Same Court & Year Kerala Orders · 2023 Same Parties Sarath Kumar vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun