Sumaljith vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 29, 2021

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https://sooperkanoon.com/case/1593844

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Citation: sooperkanoon.com/1593844
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jan 29, 2021
Case Number: Bail Appl./511/2021

Parties & Advocates

Appellant / Petitioner

Sumaljith

Respondent

State of Kerala

Excerpt

.....is the 1st accused in crime no.1091 of 2020 of kunnamangalam police station, kozhikode, for having allegedly committed offences punishable under sections 326 read with section 34 of the ipc. the prosecution case, in brief, is this:2. the defacto complainant was pestering the wife of the applicant and has been posting undesirable posts in hisfacebook and whatsapp. certain morphed photographs of his wife were also posted and that the defacto complainant was admonished about this and on a complaint which was launched by the wife of the applicant, the police had also registered a crime against the defacto complainant as crime no. 958 of 2020 of nadakkavu police station, for offence punishable under section 120(o) of the kp act. aggrieved bythis, the applicant has filed his complaint falsely implicating the applicant as an assailant.3. on 19.10.2020, at about 8.45 pm, the applicantcame on a motorcycle with a pillion rider and that pillion rider allegedly took out a tube of a shock absorber, handed it over to the applicant, and he hit the defacto complainant with it, causing a grievous injury to him by a fracture to his hand and thus committed the offence. the applicant states that there is no specific allegation against the applicant of having causedany grievous injury to the defacto complainant. it is the person, who was sitting on the pillion of the motorcycle driven by the applicant, who had allegedly attacked the defacto complainant. the applicant has no criminal antecedents. he is willing to co-operate with the investigation and hence, seek a pre-arrest bail.4. heard the learned counsel appearing for the applicant and also the learned public prosecutor. the applicant has no criminal antecedents. it is the second accused, who had allegedly hit the defacto complainant with atube. the allegation is that the person sitting on the pillion had taken out a tube from his shirt, handed it over to the applicant and the applicant hit him on his head which was warded.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 Bail Appl..No.511 OF 2021 CRIME NO.1091/2020 OF KUNNAMANGALAM POLICE STATION , KOZHIKODE PETITIONER/ACCUSED: SUMALJITH, AGED 29 YEARS, S.O. SURENDRAN, PANNADAPURAYIL HOUSE, PAYAMBRA P.O., KUNNAMANGALAM, KOZHIKODE PIN-673611 BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.K.ANAND (A-1921)
RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682 031 OTHER PRESENT: SRI.SANTHOSH PETER - SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 29th day of January, 2021 APPLICATION FOR ANTICIPATORY BAIL The applicant is the 1st accused in Crime No.1091 of 2020 of Kunnamangalam Police Station, Kozhikode, for having allegedly committed offences punishable under Sections 326 read with Section 34 of the IPC. The prosecution case, in brief, is this:

2. The defacto complainant was pestering the wife of the applicant and has been posting undesirable posts in his

Facebook and Whatsapp. Certain morphed photographs of his wife were also posted and that the defacto complainant was admonished about this and on a complaint which was launched by the wife of the applicant, the Police had also registered a crime against the defacto complainant as Crime No. 958 of 2020 of Nadakkavu Police Station, for offence punishable under Section 120(o) of the KP Act. Aggrieved by

this, the applicant has filed his complaint falsely implicating the applicant as an assailant.

3. On 19.10.2020, at about 8.45 PM, the applicant

came on a motorcycle with a pillion rider and that pillion rider allegedly took out a tube of a shock absorber, handed it over to the applicant, and he hit the defacto complainant with it, causing a grievous injury to him by a fracture to his hand and thus committed the offence. The applicant states that there is no specific allegation against the applicant of having caused

any grievous injury to the defacto complainant. It is the person, who was sitting on the pillion of the motorcycle driven by the applicant, who had allegedly attacked the defacto complainant. The applicant has no criminal antecedents. He is willing to co-operate with the investigation and hence, seek a pre-arrest bail.

4. Heard the learned counsel appearing for the applicant and also the learned Public Prosecutor. The applicant has no criminal antecedents. It is the second accused, who had allegedly hit the defacto complainant with a

tube. The allegation is that the person sitting on the pillion had taken out a tube from his shirt, handed it over to the applicant and the applicant hit him on his head which was warded off with his hand and the hand got fractured and thus the defacto complainant sustained a grievous injury. The second accused has not been identified. He is the person who had taken out the tube and handed over the tube to the

applicant to assault the defacto complainant. The injury sustained by the defacto complainant is not life-threatening. And, therefore, I find no reason for custodial interrogation of the applicant. The applicant is willing to co-operate with the investigation.

5. Hence, the application is allowed and the applicant

is directed to surrender before the Investigating Officer within two weeks and in the event of his being arrested, after interrogation and recovery, if any, he shall be released on bail on the execution of a bond for Rs.50,000/-(Rupees fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of the Investigating officer and on following further conditions:

(i) He shall appear before the Investigating Officer as and when called for and shall co-operate with the investigation.

(ii) He shall not influence or intimidate the witnesses or tamper with evidence.

(iii) He shall not get involved in any similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. The bail application is allowed. Sd/- ASHOK MENON JUDGE NR/29/01/2021

Same Court & Year Kerala · 2021 Same Parties Sumaljith vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon

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