Dhaneesh vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Oct 30, 2023

~3 min read

https://sooperkanoon.com/case/1398507

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/1398507
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Oct 30, 2023
Case Number: Bail Appl./9206/2023

Parties & Advocates

Appellant / Petitioner

Dhaneesh

Respondent

State of Kerala

Excerpt

.....on 30.10.2023, the court on the same day delivered the following: b.a.no.9206 of 2023 :2:orderdated this the 30th day of october, 2023 apprehending arrest in crime no.1069 of 2023 of kannanalloor police station, kollam, registered for offences under sections 341, 294(b), 324 and 308 of the indian penal code, the accused has filed this petition.2. the prosecution allegation is that on 22.08.2023 atabout 2.45 p.m., the accused wrongfully restrained the injured shiju and attacked his head with a stick. due to the blow, the victim sustained injuries on his head. the accused thereby committed the aforementioned offences.3. the learned counsel appearing for the petitioner and the learned public prosecutor were heard.4. considering the allegations against the petitioner and also the injuries allegedly inflicted, which are seen from the wound certificate dated 22.8.2023, i am not inclined to grant anticipatory bail as it will adversely affect a proper investigation.5. therefore, the following directions are issued:- b.a.no.9206 of 2023 :3: in the event the petitioner surrenders before theinvestigating officer in two weeks, he shall be interrogated and thereafter, shall be produced before the magistrate having jurisdiction on the date of surrender itself. if the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits, as expeditiously as possible. if the petitioner does not surrender before the investigating officer, as directed above, the investigating officer will be free to arrest the petitioner as if no order has been passed in this case.the bail application is disposed of as above. sd/- mohammed nias c.p., judge mtk b.a.no.9206 of 2023 :4: appendix of bail appl. 9206/2023 petitioner annexures the true copy of the fir in crime no. annexure 1 the certified copy of the orders of the annexure 2 hon'ble principal sessions judge, kollam dated 15.09.2023 in crl mc no. 1864/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 30TH DAY OF OCTOBER 2023 / 8TH KARTHIKA, 1945 BAIL APPL. NO. 9206 OF 2023 CRIME NO.1069 OF 2023 OF KANNANALLOOR POLICE STATION, KOLLAM PETITIONER/ACCUSED: DHANEESH AGED 25 YEARS, S/O DHARMARAJAN CHIRAYIL VEEDU, CHEERIKONAM, THRIKKOVILVATTOM VILLAGE, KANNANALLOOR PO KOLLAM (DIST)-, PIN - 691576 BY ADV M.RAJESH RESPONDENTS/COMPLAINANT: STATE OF KERALA 1 HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 THE STATION HOUSE OFFICER KANNANALLOOR POLICE STATION KANNANALLOOR PO, KOLLAM (DIST), PIN - 691576 BY SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.9206 of 2023 :2:

ORDER

Dated this the 30th day of October, 2023 Apprehending arrest in Crime No.1069 of 2023 of Kannanalloor Police Station, Kollam, registered for offences under Sections 341, 294(b), 324 and 308 of the Indian Penal Code, the accused has filed this petition.

2. The prosecution allegation is that on 22.08.2023 at

about 2.45 p.m., the accused wrongfully restrained the injured Shiju and attacked his head with a stick. Due to the blow, the victim sustained injuries on his head. The accused thereby committed the aforementioned offences.

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

4. Considering the allegations against the petitioner and also the injuries allegedly inflicted, which are seen from the wound certificate dated 22.8.2023, I am not inclined to grant anticipatory bail as it will adversely affect a proper investigation.

5. Therefore, the following directions are issued:- B.A.No.9206 of 2023 :3: In the event the petitioner surrenders before the

Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits, as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.

The bail application is disposed of as above. Sd/- MOHAMMED NIAS C.P., JUDGE mtk B.A.No.9206 of 2023 :4: APPENDIX OF BAIL APPL. 9206/2023 PETITIONER ANNEXURES THE TRUE COPY OF THE FIR IN CRIME NO. Annexure 1 THE CERTIFIED COPY OF THE ORDERS OF THE Annexure 2 HON'BLE PRINCIPAL SESSIONS JUDGE, KOLLAM DATED 15.09.2023 IN CRL MC NO. 1864/2023

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