Athul Krishna vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 28, 2023

~4 min read

https://sooperkanoon.com/case/1354312

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/1354312
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Apr 28, 2023
Case Number: Bail Appl./2986/2023

Parties & Advocates

Appellant / Petitioner

Athul Krishna

Respondent

State of Kerala

Excerpt

.....accused, the father of the petitioner herein, are under sections 341, 323, 294(b), 506(i), 427 and 308 read with section 34 of indian penal code.2. the prosecution case is that, on 14.03.2023, atabout 3 pm, due to previous animosity towards the de facto complainant, the accused persons wrongfully restrained the de facto complainant, abused him and assaulted him by using a key of the vehicle, thereby causing a wound on his forehead and nose. the crime was registered in such circumstances. the 1st accused is already arrested. as the petitioner/2nd accused apprehended arrest, the application for anticipatory bailis submitted.3. heard sri.c.t.soman, learned counsel for the petitioner and sri.vipin narayan, learned public prosecutor for the state.4. learned counsel for the petitioner submits thatthe petitioner is innocent of all the allegations and he was falsely implicated in the said case. it is further pointed out that he is prepared to abide by any conditions that may be imposed by this court and shall co-operate with the investigation.5. on the other hand, learned public prosecutorwould oppose the aforesaid application by pointing out that the investigation in the matter is now pending consideration. however, the fact that the 1 st petitioner is arrested is confirmed by him.6. i have gone through the records, it is seen thateven though there are allegation against the petitioner, no serious injuries were sustained by the de facto complainant. on carefully scrutinizing the documents on record, the custodial interrogation of the petitioner appears to be not necessary. the interest of justicewould be served if the co-operation of the petitioner with the investigation is ensured. in such circumstances, this bail application is disposed of with the following conditions:- i) the petitioner shall surrender before the investigation officer for the purpose of ensuring his co-operation, within a period of two weeks from the date of the order, for subjecting himself to.....

Full Judgment

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. 2986 OF 2023 [CRIME NO.192/2023 OF KUNNATHUNADU POLICE STATION, ERNAKULAM] PETITIONER/ACCUSED NO.2: ATHUL KRISHNA AGED 20 YEARS S/O.ANILKUMAR KAMBIVELIKKAKAM HOUSE, PARAKKODU KARA, VEMBILLY P.O. KUNNATHUNADU VILLAGE, ERNAKULAM, PIN - 683565 BY ADV C.T.SOMAN RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV.SRI.VIPIN NARAYAN A., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ZIYAD RAHMAN A.A., J.
------------------------------------ B.A. No.2986 of 2023 ------------------------------------ Dated this the 28th day of April, 2023

ORDER

The petitioner is the 2nd accused in crime No.192/2023 of Kunnathunadu Police Station. The offences alleged against the petitioner and the 1 st accused, the father of the petitioner herein, are under Sections 341, 323, 294(b), 506(i), 427 and 308 read with Section 34 of Indian Penal Code.

2. The prosecution case is that, on 14.03.2023, at

about 3 pm, due to previous animosity towards the de facto complainant, the accused persons wrongfully restrained the de facto complainant, abused him and assaulted him by using a key of the vehicle, thereby causing a wound on his forehead and nose. The crime was registered in such circumstances. The 1st accused is already arrested. As the petitioner/2nd accused apprehended arrest, the application for anticipatory bail

is submitted.

3. Heard Sri.C.T.Soman, learned counsel for the petitioner and Sri.Vipin Narayan, learned Public Prosecutor for the State.

4. Learned counsel for the petitioner submits that

the petitioner is innocent of all the allegations and he was falsely implicated in the said case. It is further pointed out that he is prepared to abide by any conditions that may be imposed by this Court and shall co-operate with the investigation.

5. On the other hand, learned Public Prosecutor

would oppose the aforesaid application by pointing out that the investigation in the matter is now pending consideration. However, the fact that the 1 st petitioner is arrested is confirmed by him.

6. I have gone through the records, it is seen that

even though there are allegation against the petitioner, no serious injuries were sustained by the de facto complainant. On carefully scrutinizing the documents on record, the custodial interrogation of the petitioner appears to be not necessary. The interest of justice

would be served if the co-operation of the petitioner with the investigation is ensured. In such circumstances, this bail application is disposed of with the following conditions:- i) The petitioner shall surrender before the Investigation officer for the purpose of ensuring his co-operation, within a period of two weeks from the date of the order, for subjecting himself to interrogation; ii) After interrogation, the petitioner shall be released on bail, on the very same day of surrender upon the petitioner executing a bond for Rs.1,00,000/- with two solvent sureties each for the like sum, to the satisfaction of the investigating officer; iii) The petitioner shall fully co-operate with the investigation, including subjecting himself to the deemed police custody for the purpose of recovery, if any, as and when demanded. iv) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until filing of the final report.

v) The petitioner shall also appear before the investigating officer as and when required by him. vi) The petitioner shall not commit any offence of like nature while on bail. vii) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. viii) The petitioner shall not leave State of Kerala without the permission of the trial Court. In case of violation of any of the above conditions, the jurisdictional Magistrate/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 SKP/28-04 APPENDIX OF BAIL APPL. 2986/2023 PETITIONER’S ANNEXURES: ANNEXURE1 TRUE COPY OF THE FIS IN CRIME.NO.192/23,KUNNATHUNADU POLICE STATION ANNEXURE2 TRUE COPY OF THE FIR IN CRIME.NO.192/23, KUNNATHUNADU POLICE STATION ANNEXURE3 TRUE COPY OF ORDER IN CRL.MC.NO.847/2023,SESSIONS COURT, ERNAKULAM ANNEXURE4 ORIGINAL OF TREATMENT CERTIFICATE ISSUED FROM THE M.O.S.C.MEDICAL COLLEGE HOSPITAL TO THE PETITIONER ANNEXURE5 TRUE COPY OF O.P. TICKET FROM MEDICAL COLLEGE HOSPITAL, KALAMASSERY DATED 14.03.2023 RESPONDENTS' ANNEXURES:NIL TRUE COPY P.A.TO JUDGE

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