V. Brijesh Kumar vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 31, 2022

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Citation: sooperkanoon.com/1481006
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: May 31, 2022
Case Number: Bail Appl./3905/2022

Parties & Advocates

Appellant / Petitioner

V. Brijesh Kumar

Respondent

State of Kerala

Excerpt

.....is the accused in crime no.335/2022 of the munnar police station. the offenses alleged against him are under sections 341,324,506 and 307 of the indian penal code.3. the prosecution allegation is that the petitioner wasin love with the de-facto complainant and when she refused to continue the relationship, petitioner inflicted injury on the backside of the neck of the victim using a knife.4. sri.babu.s.nair, the learned counsel for the petitionercontended that considering the age of the petitioner and the nature of injury caused on the girl, the petitioner ought to be granted the benefit of pre-arrest bail. the learned counselvehemently argued that the petitioner himself had undergone laryngotracheal reconstruction surgery-tracheostomy, since, after the alleged incident, petitioner himself attempted to commit suicide by slitting his wrist and neck resulting in serious injuries to him. the learned counsel further contended that if the petitioner is not released, the adverse effects can cause greater damage. considering the circumstances, including the age of the petitioner, the learned counsel pleaded that the petitioner ought to be enlarged on bail in the event of his arrest.5. learned public prosecutor on the other hand opposedthe grant of bail and submitted that petitioner had committed serious offense and had caused grievous injury on the neck of the girl, thereby giving rise to an offense under section 307 of the ipc.6. petitioner is alleged to have caused serious injuries onhis own lover, for refusing his love. petitioner is only 18 years of age. it cannot be said that the petitioner was not aware about the nature of crime he committed or the nature of injuryhe is likely to cause. the traumatic effect, the incident would have created on the victim is immeasurable. taking into consideration the circumstances including the nature of injury and the age of the victim, i am of the view that, though the petitioner is also young in age, this is not a fit.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 PETITIONER: V. BRIJESH KUMAR AGED 18 YEARS S/O.VIJAYAKUMAR, 6 ROOMS LINES, NEAR TEA MUSEUM, NALLATHANNY ROAD, MUNNAR, IDUKKI DISTRICT PIN - 685612 BY ADV BABU S. NAIR RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 THE STATION HOUSE OFFICER MUNNAR POLICE STATION, IDUKKI DISTRICT PIN - 685612 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SR.PP SMT.M.K PUSHPALATHA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=========================== B.A.No. 3905 of 2022 ============================ Dated this the 31st day of May, 2022

ORDER

This is an application seeking pre-arrest bail under Section 438 of Code of Criminal Procedure, 1973.

2. Petitioner is the accused in Crime No.335/2022 of the Munnar Police Station. The offenses alleged against him are under Sections 341,324,506 and 307 of the Indian Penal Code.

3. The prosecution allegation is that the petitioner was

in love with the de-facto complainant and when she refused to continue the relationship, petitioner inflicted injury on the backside of the neck of the victim using a knife.

4. Sri.Babu.S.Nair, the learned counsel for the petitioner

contended that considering the age of the petitioner and the nature of injury caused on the girl, the petitioner ought to be granted the benefit of pre-arrest bail. The learned counsel

vehemently argued that the petitioner himself had undergone laryngotracheal reconstruction surgery-Tracheostomy, since, after the alleged incident, petitioner himself attempted to commit suicide by slitting his wrist and neck resulting in serious injuries to him. The learned counsel further contended that if the petitioner is not released, the adverse effects can cause greater damage. Considering the circumstances, including the age of the petitioner, the learned counsel pleaded that the petitioner ought to be enlarged on bail in the event of his arrest.

5. Learned Public Prosecutor on the other hand opposed

the grant of bail and submitted that petitioner had committed serious offense and had caused grievous injury on the neck of the girl, thereby giving rise to an offense under section 307 of the IPC.

6. Petitioner is alleged to have caused serious injuries on

his own lover, for refusing his love. Petitioner is only 18 years of age. It cannot be said that the petitioner was not aware about the nature of crime he committed or the nature of injury

he is likely to cause. The traumatic effect, the incident would have created on the victim is immeasurable. Taking into consideration the circumstances including the nature of injury and the age of the victim, I am of the view that, though the petitioner is also young in age, this is not a fit case where anticipatory bail can be granted for the present. Accordingly this application is dismissed.

Sd/- BECHU KURIAN THOMAS JUDGE ssa/ APPENDIX OF BAIL APPL. 3905/2022 PETITIONER’S ANNEXURES Annexure A A TRUE COPY OF THE CERTIFICATE ISSUED FROM THE MALANKARA ORTHODOX SYRIAN CHURCH HOSPITAL, KOLANCHERY DATED, 16-5-2022

Same Court & Year Kerala Orders · 2022 Same Parties V. Brijesh Kumar vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas