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Pradeep vs State of Kerala

Pradeep vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 26, 2021
~3 min read
https://sooperkanoon.com/case/1605088

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./1720/2021

Parties & Advocates

Appellant / Petitioner

Pradeep

Respondent

State of Kerala

Excerpt

.....sections 294(b), 341, 323, 324, 354(a) and 308 of the indian penal code.2. the petitioner has been in custody since 06.02.2021.3. the prosecution allegation is as follows: on 15.01.2021 at about 9 p.m this petitioner haswrongfully restrained the defacto complainant and abused her in filthy language and beaten her with an iron rod on her head which was somehow evaded by her. had it been otherwise it would have caused her death. thereby the petitioner has committed the aforesaid offences.4. according to the learned counsel for the petitioner, thedefacto complainant is a lady who used to stole articles from the workshop run by this petitioner. when it was detected by him, she raised this false allegation against him. moreover, the mahazar prepared by the investigating agency on the very next day of the alleged incident would show the presence of the defacto complainant at the spot. that itself shows that she has not sustained any serious injuries as alleged by the prosecution. recovery of the alleged weapon has also been effected by the investigating agency. hence, this application for his release on bail.5. the learned public prosecutor would submit that the investigation of the case is well in progress.6. having regard to the nature of the accusations levelledagainst this petitioner, the fact that he is having no criminal antecedents and the present stage of the investigation as well the other facts and circumstances involved in this case, i am inclined to release him on bail subject to the following conditions:(i) the petitioner shall be released on bail on hisexecuting a bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.(ii) the petitioner shall appear before the investigating officer for interrogation as and when required by him, in writing.(iii) the petitioner shall not directly or indirectly, makeany inducement, threat or promise to any person.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942 CRIME NO.35/2021 OF Paravoor Police Station , Kollam PETITIONER: PRADEEP AGED 54 YEARS S.O NALINAKSHAN, PRANAVAM, THETTIKULAM, PUTHENKULAM P.O., KOLLAM PIN-691302 BY ADVS. SRI.N.ABHILASH SRI.PRAVEEN K. JOY SRI.E.S.SANEEJ SRI.M.P.UNNIKRISHNAN SMT.M.K.SAMYUKTHA SHRI.DEEPU RAJAGOPAL RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN-682031 SRI AJITH MURALI-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 26th day of February 2021 Application for regular bail. The petitioner is the accused in Crime No.35/2021 of Paravur Police Station, Kollam District registered for the offences punishable under Sections 294(b), 341, 323, 324, 354(A) and 308 of the Indian Penal Code.

2. The petitioner has been in custody since 06.02.2021.

3. The prosecution allegation is as follows: On 15.01.2021 at about 9 p.m this petitioner has

wrongfully restrained the defacto complainant and abused her in filthy language and beaten her with an iron rod on her head which was somehow evaded by her. Had it been otherwise it would have caused her death. Thereby the petitioner has committed the aforesaid offences.

4. According to the learned counsel for the petitioner, the

defacto complainant is a lady who used to stole articles from the workshop run by this petitioner. When it was detected by him, she raised this false allegation against him. Moreover, the mahazar prepared by the Investigating Agency on the very next day of the alleged incident would show the presence of the defacto complainant at the spot. That itself shows that she has not sustained any serious injuries as alleged by the prosecution. Recovery of the alleged weapon has also been effected by the Investigating Agency. Hence, this application for his release on bail.

5. The learned Public Prosecutor would submit that the investigation of the case is well in progress.

6. Having regard to the nature of the accusations levelled

against this petitioner, the fact that he is having no criminal antecedents and the present stage of the investigation as well the other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following conditions:

(i) The petitioner shall be released on bail on his

executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make

any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while

on bail. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE mpm

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