Vivek vs State of Kerala

VIVEK vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 30, 2021

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https://sooperkanoon.com/case/1592139

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Citation: sooperkanoon.com/1592139
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Apr 30, 2021
Case Number: Bail Appl./311/2021

Parties & Advocates

Appellant / Petitioner

VIVEK

Respondent

State of Kerala

Excerpt

.....first accused in crime no.1203/2020 of narakkal police station. the offences alleged are under sections 341,323,324,326,307 & 294(b) of the indian penal code.3. the prosecution case in short is that on 11.12.2020at about 05.45 p.m. while the defacto complainant was on her way in the bike ridden by her son in search of another house on rent, the 2nd accused intercepted the bike, pulled her down and slapped on her face. when one mr. siby intervened, the petitioner came there and hit on the right side of his forehead with a stone. the accused nos. 3 and 4 also came there and beat the defacto complainant on her face and hands with their hands...3..4. heard both sides and perused the case diary.5. the learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has beenfalsely implicated in the present case. he further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. the learned counsel for the petitioner also submitted that the petitioner met with a severe accident by hitting the bike upon an iron post on 14.12.2020 and he sustained serious injuries and nowbedridden. the anticipatory bail has been sought mainly on that ground. annexure-a2 to a4 have been produced in support of the said submission. the learned public prosecutoropposed the bail application. he contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation6. a perusal of ext. a2 to a4 would show that thesubmission of the learned counsel for the petitioner is true. the petitioner has met a with severe road accident and he sustained serious injuries. his present condition appears to be ..4..very serious. annexure-a4 certificate issued by the doctor who treated him shows that the injuries sustained by the petitioner is serious one and.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 30TH DAY OF APRIL 2021 / 10TH VAISAKHA, 1943 Bail Appl..No.311 OF 2021 CRIME NO.1203/2020 OF Narakkal Police Station , Ernakulam PETITIONER/S: VIVEK AGED 23 YEARS POOPPADY HOUSE, ELAMKUNNAPPUZHA, NJARAKKAL, ERNAKULAM BY ADV. SRI.SHABU SREEDHARAN RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA R1 BY PUBLIC PROSECUTOR SMT SREEJA V THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..
DR. KAUSER EDAPPAGATH,J.
------------------------------------------- B.A.No.311 of 2021 --------------------------------------------- Dated this the 30th day of April, 2021

ORDER

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

2. The petitioner is the first accused in Crime No.1203/2020 of Narakkal Police Station. The offences alleged are under Sections 341,323,324,326,307 & 294(b) of the Indian Penal Code.

3. The prosecution case in short is that on 11.12.2020

at about 05.45 p.m. while the defacto complainant was on her way in the bike ridden by her son in search of another house on rent, the 2nd accused intercepted the bike, pulled her down and slapped on her face. When one Mr. Siby intervened, the petitioner came there and hit on the right side of his forehead with a stone. The accused Nos. 3 and 4 also came there and beat the defacto complainant on her face and hands with their hands.

..3..

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been

falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned counsel for the petitioner also submitted that the petitioner met with a severe accident by hitting the bike upon an iron post on 14.12.2020 and he sustained serious injuries and now

bedridden.    The anticipatory bail has been sought mainly on
that ground.      Annexure-A2 to A4 have been produced in
support of the said submission.         The learned Public Prosecutor

opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation

6. A perusal of Ext. A2 to A4 would show that the

submission of the learned counsel for the petitioner is true. The petitioner has met a with severe road accident and he sustained serious injuries. His present condition appears to be ..4..

very serious. Annexure-A4 certificate issued by the Doctor who treated him shows that the injuries sustained by the petitioner is serious one and recovery is not favourable, in spite of all surgical procedures. Considering the poor health condition of the petitioner, I am inclined to grant pre-arrest bail sought for. The Investigating Officer is free to interrogate the petitioner at his home/hospital, as the case may be, if his interrogation appears to be necessary.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail in the event

of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The petitioner shall fully co-operate with the investigation. The Investigating Officer is free to interrogate the petitioner by visiting at his home or hospital as the case may be.

(iii) The petitioner shall not commit any offence of like ..5.. nature while on bail.

(iv) The petitioner shall not make any attempt to

contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(v) The petitioner shall not leave State of Kerala without the permission of the trial Court. Sd/- DR. KAUSER EDAPPAGATH, JUDGE kkj

Same Court & Year Kerala · 2021 Same Parties VIVEK vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath