Udayan vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 22, 2021

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https://sooperkanoon.com/case/1597582

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Citation: sooperkanoon.com/1597582
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Feb 22, 2021
Case Number: Bail Appl./915/2021

Parties & Advocates

Appellant / Petitioner

Udayan

Respondent

State of Kerala

Excerpt

.....of kundara police station for having allegedly committed the offences punishable under sections 294(b), 341, 324, 308 and 506 of the i.p.c. and under section 27 of the arms act.3. the prosecution case, in brief, is that on12.12.2020 the applicants in furtherance of common intention with other accused, due to previous enmity towards the de facto complainant, wrongfully restrained him, hurled abuses at him and thereafter assaulted him with dangerous weapons like knife, sword and metal pieces. the 3rd applicant was allegedly wielding the metal piece and 4th applicant was wielding the knife, with which the injuries were caused. the de facto complainant has sustained a lacerated wound on his scalp, which could have proved fatal and thus the applicants attempted to commit culpable homicide.4. the applicants state that the allegations are not true and that they do not have any criminal antecedents and they are willing to cooperate with the investigation. the 2nd accused has already been arrested and released on bail, and therefore, the applicants seek anticipatory bail.5. heard the learned counsel appearing for the applicants and the learned public prosecutor.6. the learned public prosecutor submits that boththe applicants were wielding dangerous weapons with which the injuries were caused to the de facto complainant and the weapons need to be recovered.therefore, custodial interrogation of the applicants is essential.7. the applicants are therefore directed to surrender before the investigating officer within twoweeks. after interrogation and recovery, they shall be produced before the jurisdictional court, where they are at liberty to apply for regular bail, which shall be considered and disposed of preferably on the very same day. sd/- ashok menon dkr judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942 CRIME NO.2942/2020 OF Kundara Police Station , Kollam PETITIONER/S: 1 UDAYAN AGED 46 YEARS SRUTHYILYAM,PADAPPAKKARA.P.O, PERAYAM, KOLLAM DISTRICT - 691503. 2 SHAJI, AGED 42 YEARS CHARUVILA HOUSE, PADAPPAKKARA.P.O., PERAYAM, KOLLAM DISTRICT -691 503. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. R1 BY SRI.SANTHOSH PETER SR PP OTHER PRESENT: THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 22nd day of February 2021 This is an application for anticipatory bail under Section 438 of the Cr.P.C.

2. The applicants are accused 3 and 4 in Crime No.2942/2020 of Kundara Police Station for having allegedly committed the offences punishable under Sections 294(b), 341, 324, 308 and 506 of the I.P.C. and under Section 27 of the Arms Act.

3. The prosecution case, in brief, is that on

12.12.2020 the applicants in furtherance of common intention with other accused, due to previous enmity towards the de facto complainant, wrongfully restrained him, hurled abuses at him and thereafter assaulted him with dangerous weapons like knife, sword and metal pieces. The 3rd applicant was allegedly wielding the metal piece and 4th applicant was wielding the knife, with which the injuries were caused. The de facto complainant has sustained a lacerated wound on his scalp, which could have proved fatal and thus the applicants attempted to commit culpable homicide.

4. The applicants state that the allegations are not true and that they do not have any criminal antecedents and they are willing to cooperate with the investigation. The 2nd accused has already been arrested and released on bail, and therefore, the applicants seek anticipatory bail.

5. Heard the learned Counsel appearing for the applicants and the learned Public Prosecutor.

6. The learned Public Prosecutor submits that both

the   applicants        were       wielding        dangerous          weapons      with
which      the    injuries          were       caused      to    the     de     facto
complainant       and        the   weapons         need    to    be    recovered.

Therefore, custodial interrogation of the applicants is essential.

7. The applicants are therefore directed to surrender before the investigating officer within two

weeks. After interrogation and recovery, they shall be produced before the jurisdictional court, where they are at liberty to apply for regular bail, which shall be considered and disposed of preferably on the very same day. Sd/- ASHOK MENON dkr JUDGE

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