Pavan Das vs State of Kerala

Type Court Judgment Court Kerala Decided Sep 27, 2023

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Citation: sooperkanoon.com/1387023
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Sep 27, 2023
Case Number: Bail Appl./7632/2023

Parties & Advocates

Appellant / Petitioner

Pavan Das

Respondent

State of Kerala

Excerpt

.....308 r/w section 34 of the ipc, the petitioner/1st accused has filed this petition seeking pre- arrest bail.2. the prosecution allegation is that, on 31.7.2023 at about 3p.m., the petitioner/accused no.1 and accused no.2 wrongfully restrained the defacto complainant at a place called palazhi centre and inflicted voluntary hurt upon him by hitting him with a helmet resulting in injuries upon his head and other parts of the body. it is stated that the defacto complainant escaped from death only because of his act of warding off the assault with his hands. thus, the accused is alleged to have committed the offences punishable under sections 294(b),323, 324, 341 and308 r/w section 34 of the ipc.3. the learned counsel appearing for the petitioner and the learned public prosecutor were heard.4. the learned counsel for the petitioner submits that thematter has been settled and annexure ii affidavit has been filed. learned public prosecutor also submits, on instructions, that a settlement has been arrived at between the parties. in the light of the above facts and developments, i am inclined to grant anticipatory bail to the accused on the following conditions:-1. the petitioner is directed to surrender before theinvestigating officer within a week from today, and on such surrender, the investigating officer can interrogate the petitioner. in the event of his arrest, the investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.2. on such production, the jurisdictional court shallrelease the petitioner on bail, on executing a bond for rs.25,000/- (rupees twenty five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.3. the petitioner shall cooperate with the investigation and shall make himself available for interrogation and for the purpose of investigation as and when the investigating officer directs him to do so.4. the petitioner.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 27TH DAY OF SEPTEMBER 2023 / 5TH ASWINA, 1945 BAIL APPL. NO. 7632 OF 2023 CRIME NO.899/2023 OF ANTHIKKAD POLICE STATION AGAISNT THE ORDER IN CRMC 1137/2023 OF DISTRICT COURT & SESSIONS COURT,THRISSUR PETITIONER/1ST ACCUSED: PAVAN DAS AGED 22 YEARS S/O P.R PUSHKAR DASAN, PANDARAN HOUSE, KARAMUCK VILLAGE, PALAZHY, MANALUR, THRISSUR -680617, PIN - BY ADV VISHNU BHUVANENDRAN RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY SRI.P.G.MANU(MAMMALASSERY), SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P, J.
--------------------------------------------- ------------------------------------------------------ Dated this the 27th day of September , 2023.

ORDER

Apprehending arrest in Crime No.899/2023 of Anthikkad police station, Thrissur, registered for offences punishable under Sections 294(b),323, 324, 341 and 308 r/w section 34 of the IPC, the petitioner/1st accused has filed this petition seeking pre- arrest bail.

2. The prosecution allegation is that, on 31.7.2023 at about 3

p.m., the petitioner/accused No.1 and accused No.2 wrongfully restrained the defacto complainant at a place called Palazhi Centre and inflicted voluntary hurt upon him by hitting him with a helmet resulting in injuries upon his head and other parts of the body. It is stated that the defacto complainant escaped from death only because of his act of warding off the assault with his hands. Thus, the accused is alleged to have committed the offences punishable under Sections 294(b),323, 324, 341 and

308 r/w section 34 of the IPC.

3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

4. The learned Counsel for the petitioner submits that the

matter has been settled and Annexure II affidavit has been filed. Learned Public Prosecutor also submits, on instructions, that a settlement has been arrived at between the parties. In the light of the above facts and developments, I am inclined to grant anticipatory bail to the accused on the following conditions:-

1. The petitioner is directed to surrender before the

Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

2. On such production, the jurisdictional court shall

release the petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

3. The petitioner shall cooperate with the investigation and shall make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs him to do so.

4. The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.

5. The petitioner shall not be involved in any offence while on bail.

6. If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law. Sd/- MOHAMMED NIAS C.P JUDGE

smv APPENDIX OF BAIL APPL. 7632/2023 PETITIONER’S ANNEXURES Annexure-I CITIZEN COPY OF FIR IN CRIME NO. THRISSUR DATED 01.08.2023 Annexure-II TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT DATED 22.08.2023 Annexure-III TRUE COPY OF THE ORDER DATED 17.08.2023 BY THE SESSION JUDGE, THRISSUR IN CRL MC 1137/2023

Same Court & Year Kerala · 2023 Same Parties Pavan Das vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.