Gokul vs State of Kerala

GOKUL vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 27, 2023

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Citation: sooperkanoon.com/1372754
Court: Kerala Orders High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Jul 27, 2023
Case Number: Bail Appl./5560/2023

Parties & Advocates

Appellant / Petitioner

GOKUL

Respondent

State of Kerala

Excerpt

.....filed by the accused no.2 and b.a.no.5585/2023 has been filed by the accused no.1. the offences alleged are punishable under sections 341, 324, 506 and 308 r/w 34 of the ipc.3. the prosecution case, in short, is that onwrongfully restrained the defacto complainant, threatened and assaulted him using a knife and wooden stick with the intention to kill him and thereby committed the offence.4. i have heard sri.rahul sasi, the learned counsel for the applicants and smt.seetha.s., the learned senior public prosecutor. perused the case diary.5. the learned counsel for the applicants submitted ..4..that the applicants are innocent and have been falsely implicated in the present case. the counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. the learned public prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.6. the law regarding the grant or refusal of pre-arrest bail is well settled. pre-arrest bail cannot be granted as amatter of course. the power u/s 438 of cr.p.c could be exercised only when a special case is made out, that too, recording reasons thereof. perusal of the case diary reveals that the accusation made against the applicants is very serious in nature and it prima facie shows a premeditated criminal act on their part. moreover, the applicant no.1 has strong criminal antecedents.the investigation is in a preliminary stage. the custodial interrogation of the applicants is necessary for the ..5..investigation. as rightly argued by the learned public prosecutor, the possibility of the applicants influencing the witnesses and interfering with the investigation cannot be ruled out if they are released on bail. considering the gravity of the offence and stage of the investigation, it is not a.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 27TH DAY OF JULY 2023 / 5TH SRAVANA, 1945 BAIL APPL. NO. 5560 OF 2023 CRIME NO.821 OF 2023 OF HOSDURG POLICE STATION, KASARGOD PETITIONER/2ND ACCUSED: GOKUL AGED 29 YEARS KOTTARACHAL HOUSE, ANATHAMPALAM, PADANNAKAD, KANHANGAD, KASARAGOD, PIN - 671314 BY ADVS. RAHUL SASI NEETHU PREM ARCHANA VINOD RESPONDENTS/ STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER HOSDURG POLICE STATION, KASARAGOD, PIN - 371531 ADV SEETHA S-SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.07.2023, ALONG WITH Bail Appl.5585/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 27TH DAY OF JULY 2023 / 5TH SRAVANA, 1945 BAIL APPL. NO. 5585 OF 2023 CRIME NO.821 OF 2023 OF HOSDURG POLICE STATION, KASARGOD PETITIONER/1ST ACCUSED: SHABAD AGED 33 YEARS PADANNAKAD, KANHANGAD, KASARAGOD, PIN - 671314 BY ADVS. RAHUL SASI NEETHU PREM ARCHANA VINOD RESPONDENTS/ STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER HOSDURG POLICE STATION, KASARAGOD, PIN - 371531 ADV RANJIT GEORGE -SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.07.2023, ALONG WITH Bail Appl..5560/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..

ORDER

Dated this the 27th day of July, 2023 Both these bail applications have been filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

2. The applicants are the accused Nos.1 and 2 in

Crime No.821/2023 of Hosdurg Police Station. B.A.No.5560/2023 has been filed by the accused No.2 and B.A.No.5585/2023 has been filed by the accused No.1. The offences alleged are punishable under Sections 341, 324, 506 and 308 r/w 34 of the IPC.

3. The prosecution case, in short, is that on

wrongfully restrained the defacto complainant, threatened and assaulted him using a knife and wooden stick with the intention to kill him and thereby committed the offence.

4. I have heard Sri.Rahul Sasi, the learned counsel for the applicants and Smt.Seetha.S., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted ..4..

that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. The law regarding the grant or refusal of pre-arrest bail is well settled. Pre-arrest bail cannot be granted as a

matter of course. The power u/s 438 of Cr.P.C could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicants is very serious in nature and it prima facie shows a premeditated criminal act on their part. Moreover, the applicant No.1 has strong criminal antecedents.

The investigation is in a preliminary stage. The custodial interrogation of the applicants is necessary for the ..5..

investigation. As rightly argued by the learned Public Prosecutor, the possibility of the applicants influencing the witnesses and interfering with the investigation cannot be ruled out if they are released on bail. Considering the gravity of the offence and stage of the investigation, it is not a fit case where extra ordinary jurisdiction vested with this Court u/s 438 of Cr.P.C. could be invoked. The bail applications are, accordingly, dismissed.

Sd/- DR. KAUSER EDAPPAGATH JUDGE APA ..6.. APPENDIX OF BAIL APPL. 5560/2023 PETITIONER'S ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 821 OF 2023 DATED 07.06.2023 ..7.. APPENDIX OF BAIL APPL. 5585/2023 PETITIONER'S ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO. 821 OF 2023 DATED 07.06.2023

Same Court & Year Kerala Orders · 2023 Same Parties GOKUL vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath