Prakash vs State of Kerala

Type Court Judgment Court Kerala Decided May 31, 2021

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https://sooperkanoon.com/case/1612962

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Citation: sooperkanoon.com/1612962
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: May 31, 2021
Case Number: Bail Appl./2107/2021

Parties & Advocates

Appellant / Petitioner

Prakash

Respondent

State of Kerala

Excerpt

.....section 451, 294(b), 323, 354, 506 r/w 34 of the indian penal code.2. the crux of the prosecution allegation is that on 03.01.2020 at7.00 p.m., in furtherance of their common intention the accused nos 1 and 2 trespassed into the residence of the de facto complainant and attacked her. when her husband and daughter intervened, the accused are alleged to have assaulted them as well.3. the learned counsel appearing for the applicant submitted that the 1st accused was arrested. he would contend that no serious injuries were sustained by the victim.4. the learned public prosecutor has opposed the prayer.5. i have considered the submissions and have carefully evaluated therecords. it does not appear from the records that any serious injuries were sustained by the injured. the applicant is not reported to be a person with criminal antecedents. having considered the facts and circumstances, i am of the view that the custodial interrogation of the applicant is not necessary for an effective investigation in the instant case.in the result, this application will stand allowed, however, the same shall be subject to the following conditions. the applicant shall appear before the bail appl. no. 2107 of 2021 3 investigating officer within ten days from today and shall undergo interrogation. thereafter, if he is proposed to be arrested, he 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 each for the like sum. the aboveorder shall be subject to the following conditions:i) the applicant shall co-operate with the investigation and shall appear before the investigating officer on all saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier. ii) he 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/ her from disclosing such facts to the court or to any police.....

Full Judgment

BAIL APPL. NO. 2107 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 BAIL APPL. NO. 2107 OF 2021 PETITIONER/S: PRAKASH AGED 27 YEARS KUNNIL PUTHEN VEEDU, THEKKINKADU, NAGARUR P.O THIRUVANANTHAPURAM, PIN - 695601 BY ADV J.R.PREM NAVAZ RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 SRI AJITH MURALI-PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 2107 OF 2021 2

ORDER

This application seeking pre-arrest bail filed under section 438 of the Code of Criminal Procedure is by the 2nd accused in Crime No.9 of 2020 of the Nagarur Police Station, Thiruvananthapuram District registered under Section 451, 294(b), 323, 354, 506 r/w 34 of the Indian Penal Code.

2. The crux of the prosecution allegation is that on 03.01.2020 at

7.00 p.m., in furtherance of their common intention the accused Nos 1 and 2 trespassed into the residence of the de facto complainant and attacked her. When her husband and daughter intervened, the accused are alleged to have assaulted them as well.

3. The learned counsel appearing for the applicant submitted that the 1st accused was arrested. He would contend that no serious injuries were sustained by the victim.

4. The learned Public Prosecutor has opposed the prayer.

5. I have considered the submissions and have carefully evaluated the

records. It does not appear from the records that any serious injuries were sustained by the injured. The applicant is not reported to be a person with criminal antecedents. Having considered the facts and circumstances, I am of the view that the custodial interrogation of the applicant is not necessary for an effective investigation in the instant case.

In the result, this application will stand allowed, however, the same shall be subject to the following conditions. The applicant shall appear before the BAIL APPL. NO. 2107 OF 2021 3 Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he 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 each for the like sum. The above

order shall be subject to the following conditions:

i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier. ii) He 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/ her from disclosing such facts to the court or to any police officer. iii) He shall not commit any similar offence while on bail. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law. Sd/- RAJA VIJAYARAGHAVAN V JUDGE IAP

Same Court & Year Kerala · 2021 Same Parties Prakash vs State of Kerala Same Judge Honourable Mr. Justice Raja Vijayaraghavan V