Hari Krishnan vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 16, 2023

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Citation: sooperkanoon.com/1397718
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Nov 16, 2023
Case Number: Bail Appl./9113/2023

Parties & Advocates

Appellant / Petitioner

Hari Krishnan

Respondent

State of Kerala

Excerpt

.....the indian penal code, the petitioners/accused nos.1 and 2 have filed this petition.2. the prosecution allegation is that, on 30.08.2023 atabout 12 a.m, the accused no.1 to 3, along with another person, criminally trespassed into the house of the defacto complainant at pindani and subjected him to severe physical torture by hitting with an iron rod by the 1st accused, inflicting blows with a wooden reed by the accused no.3 and 4, and fisting by the 2nd accused, causing serious injuries. it is stated that the defacto complainant would have suffered death if he had not dodged away from the assault of the accused no.1, 3 and 4 with weapons and the 2nd accused with bare arms. thereby the petitioners along with the other accused have committed the aforesaid offences.3. the learned counsel appearing for the petitioners and the learned public prosecutor were heard.4. the learned counsel for the petitioners submits that this court has granted anticipatory bail to the third accused in the above crime in b.a. no.8822/2023 dated 09.11.2023.5. considering the fact that the 3rd accused has alreadybeen granted anticipatory bail in b.a. no.8822/2023 dated 9.11.2023 to an accused facing similar accusations, wherein it is found that the wound certificate did not reveal any serious injuries and also taking into account the fact that recovery was already effected, i do not find that custodial interrogation of the petitioners are necessary therefore, i am inclined to grant anticipatory bail to the petitioners on the following conditions:-(i) the petitioners are 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 their arrest, the investigating officer shall produce the petitioners before the jurisdictional court on the date of surrender itself.(ii) on such production, the jurisdictional court shall release the petitioners on bail, on executing a bond for.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945 BAIL APPL. NO. 9113 OF 2023 (CRIME NO.927 OF 2023 OF KORATTY POLICE STATION) PETITIONERS HARI KRISHNAN AGED 26 YEARS 1 S/O. UNNIKRISHNAN KANNAMBILI HOUSE, PINDANI DESAM, MELOOR VILLAGE, CHALAKKUDY TALUK, THRISSUR, KERALA, PIN - 680311 SANU CHANDRAN AGED 31 YEARS 2 S/O. CHANDRAN CHERUPARAMBIL HOUSE, WEST KORATTY DESOM, KALLUR THEKKUMMURI VILLAGE,THRISSUR, KERALA, PIN - 680741 BY ADVS. ANOOP.V.NAIR TANOOSHA PAUL ROHITH C. AVANTHIKA R. RESPONDENT/S: STATE OF KERALA 1 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 THE STATION HOUSE OFFICER 2 KORATTY POLICE STATION THRISSUR DISTRICT, PIN - OTHER PRESENT: SRI. M.C. ASHI, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P, J.
--------------------------------------------- B.A. No.9113 of 2023 ------------------------------------------------------ Dated this the 16th day of November, 2023

ORDER

Apprehending arrest in Crime No.927 of 2023 of Koratty police station, Thrissur, registered for offences under Sections 452, 323, 324, 294(b), 308 and 34 of the Indian Penal Code, the petitioners/accused Nos.1 and 2 have filed this petition.

2. The prosecution allegation is that, on 30.08.2023 at

about 12 a.m, the accused No.1 to 3, along with another person, criminally trespassed into the house of the defacto complainant at Pindani and subjected him to severe physical torture by hitting with an iron rod by the 1st accused, inflicting blows with a wooden reed by the accused No.3 and 4, and fisting by the 2nd accused, causing serious injuries. It is stated that the defacto complainant would have suffered death if he had not dodged away from the assault of the accused No.1, 3 and 4 with weapons and the 2nd accused with bare arms. Thereby the petitioners along with the other accused have committed the aforesaid offences.

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

4. The learned counsel for the petitioners submits that this Court has granted anticipatory bail to the third accused in the above crime in B.A. No.8822/2023 dated 09.11.2023.

5. Considering the fact that the 3rd accused has already

been granted anticipatory bail in B.A. No.8822/2023 dated 9.11.2023 to an accused facing similar accusations, wherein it is found that the wound certificate did not reveal any serious injuries and also taking into account the fact that recovery was already effected, I do not find that custodial interrogation of the petitioners are necessary Therefore, I am inclined to grant anticipatory bail to the petitioners on the following conditions:-

(i) The petitioners are 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 their arrest, the Investigating officer shall produce the petitioners before the jurisdictional court on the date of surrender itself.

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

(iii) The petitioners shall cooperate with the investigation and shall make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs to do so.

(iv) The petitioners shall not intimidate the witnesses or interfere with the Investigation in any manner.

(v) The petitioners shall not be involved in any offence while on bail.

(vi) 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 smm JUDGE APPENDIX OF BAIL APPL. 9113/2023 PETITIONER ANNEXURES TRUE COPY OF THE FIR IN CRIME NO. Annexure I 927/2023 ON THE FILE OF KORATTY POLICE STATION, THRISSUR DISTRICT TRUE COPY OF THE FIR IN CRIME NO. 980 Annexure II OF 2023 ON THE FILE OF KORATTY POLICE

STATION, THRISSUR DISTRICT TRUE COPY OF THE WOUND CERTIFICATE OF 1ST PETITIONER DATED 30/8/2023 ISSUED Annexure III BY TALUK HEAD QUARTERS HOSPITAL CHALAKKUDY TRUE COPY OF THE INTIMATION LETTER FROM THE 2ND RESPONDENT STATING THAT Annexure IV THE CASE IS REGISTERED AS CRIME NO. 980 OF 2023 ON THE FILE OF KORATTY POLICE STATION, THRISSUR DISTRICT

CERTIFIED COPY OF THE COMMON ORDER

PASSED BY THE SESSIONS COURT, THRISSUR Annexure V DISTRICT, DATED 04.08.2023 IN CRL.M.C. NOS. 1336 OF 2023 AND 1346 OF 2023

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