Anvar vs State of Kerala

ANVAR vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 28, 2022

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https://sooperkanoon.com/case/1445470

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Citation: sooperkanoon.com/1445470
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Jan 28, 2022
Case Number: Bail Appl./676/2022

Parties & Advocates

Appellant / Petitioner

ANVAR

Respondent

State of Kerala

Excerpt

.....petitioner is the accused in crime no.68/2022 of chavakkad police station, thrissur district alleging commission of offences under sections 506, 324, 307 of the indian penal code.2. the allegation against the petitioner is that he attacked the de facto complainant and her daughter with a hammer causing injuries to them.3. the learned counsel for the petitioner submits that the de factocomplainant is none other than his sister and there was some dispute between the the petitioner and his sister regarding the family property. it is submitted that the the sister of the petitioner had demanded that the petitioner vacate from the family house and this led to a wordy altercation between them. it is submitted that the petitioner had no occasion to attack the de facto complainant or her daughter with a hammer as alleged. the submitted that the injuries alleged to have been caused owing to the attack of the petitioner are minor and that at any rate the continued detention of the petitioner is not necessary for the purposes of any investigation, in the facts and circumstances of the case.4. the learned public prosecutor submits that with reference to thewound certificate in respect of the de facto complainant and her daughter and as also the first information statement of the de facto complainant that there are clear allegations against the petitioner. it is submitted that the woundsb.a. no.676/2022 -3- suffered by the de facto complainant and her daughter correspond to the allegations raised against the petitioner. it is submitted that whatever be the dispute between the petitioner and his sister (the de facto complainant), the petitioner has no right whatsoever to attack the de facto complainant and her daughter.5. having regard to the facts and circumstances of the case andtaking into consideration of the fact that the petitioner has been in custody from 14-01-2022 and further considering the fact that his continued detention may not be necessary for the purpose of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 BAIL APPL. NO. 676 OF 2022 Crime No.68/2022 of Chavakkad Police Station PETITIONER/ACCUSED: ANVAR AGED 45 YEARS, NALAKATH HOUSE, MANATHALA VILLAGE, THIRUVATHARA DESOM ,CHAVAKKAD TALUK,THRISSUR DISTRICT, PIN - 680506 BY ADV RAJIT RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SRI. NOUSHAD K.A. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.676/2022 -2-

ORDER

The petitioner is the accused in Crime No.68/2022 of Chavakkad Police Station, Thrissur District alleging commission of offences under Sections 506, 324, 307 of the Indian Penal Code.

2. The allegation against the petitioner is that he attacked the de facto complainant and her daughter with a hammer causing injuries to them.

3. The learned counsel for the petitioner submits that the de facto

complainant is none other than his sister and there was some dispute between the the petitioner and his sister regarding the family property. It is submitted that the the sister of the petitioner had demanded that the petitioner vacate from the family house and this led to a wordy altercation between them. It is submitted that the petitioner had no occasion to attack the de facto complainant or her daughter with a hammer as alleged. The submitted that the injuries alleged to have been caused owing to the attack of the petitioner are minor and that at any rate the continued detention of the petitioner is not necessary for the purposes of any investigation, in the facts and circumstances of the case.

4. The learned Public Prosecutor submits that with reference to the

wound certificate in respect of the de facto complainant and her daughter and as also the First Information Statement of the de facto complainant that there are clear allegations against the petitioner. It is submitted that the wounds

B.A. No.676/2022 -3- suffered by the de facto complainant and her daughter correspond to the allegations raised against the petitioner. It is submitted that whatever be the dispute between the petitioner and his sister (the de facto complainant), the petitioner has no right whatsoever to attack the de facto complainant and her daughter.

5. Having regard to the facts and circumstances of the case and

taking into consideration of the fact that the petitioner has been in custody from 14-01-2022 and further considering the fact that his continued detention may not be necessary for the purpose of investigation into Crime No.68/2022 of Chavakkad Police Station, I am of the view that the petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.68/2022 of Chavakkad Police Station on every Saturday at 11 a.m until filing of final report in the aforesaid crime;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in B.A. No.676/2022 -4- Crime No.68/2022 of Chavakkad Police Station;

(iv) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.68/2022 of Chavakkad Police Station may file an application before the jurisdictional Court for cancellation of bail.

Sd/- GOPINATH P. JUDGE AMG B.A. No.676/2022 -5- APPENDIX OF BAIL APPL. 676/2022 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE WOUND CERTIFICATE OF THE DEFACTO COMPLAINANT Annexure2 TRUE COPY OF THE WOUND CERTIFICATE OF THE DAUGHTER OF THE DEFACTO COMPLAINANT Annexure3 A TRUE COPY OF THE INVITATION CARD Annexure4 A CERTIFIED COPY OF THE ABOVE ORDER DATED 19.01.2022 IN M.P.NO. 258/2022 IN CRIME .NO. 62/20202 OF CHAVAKKAD POLICE STATION

Same Court & Year Kerala · 2022 Same Parties ANVAR vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.