Soorya Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 31, 2021

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https://sooperkanoon.com/case/1623107

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Citation: sooperkanoon.com/1623107
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Mar 31, 2021
Case Number: Bail Appl./2765/2021

Parties & Advocates

Appellant / Petitioner

Soorya Kumar

Respondent

State of Kerala

Excerpt

.....324, 326, 307 and 201 read with section 34 of the i.p.c.3. the prosecution case, in brief, is that on 12.01.2021 at about 1.30 am, the applicant in furtherance of common intention with the rest of the accused, trespassed into the house of the de facto complainant and broke open the front and back doors of the house and attacked him by means of dangerous weapons like chopper and knife, while he was engaged in watching the t.v. and attempted to commit murder.4. the applicant states that he is innocent and the allegations are not true and that he has no other criminal antecedents and has been in custody since 17.01.2021, and therefore, seeks bail.5. heard the learned counsel for the applicant and the learned public prosecutor.6. the allegation against the applicant is that he was also wielding the weapon with which he and other co-accused caused very serious injuries to the de factocomplainant. five fractures were caused to the de facto complainant on his leg and hand. the applicant is only 19 years old. it is admitted that he has no criminal antecedents. under the circumstances, i findthat further incarceration of the applicant need not be required. the final report has also been filed after the completion of the investigation. hence, the application is only to be allowed. as a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for rs.50,000/- (rupees fiftythousand only), with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:i) he shall appear before the investigating officer as and when called for and shall cooperate with the investigation; ii) he shall not attempt to influence or intimidate the witnesses; and iii) he shall not get involved in similar offences during the currency of the bail. in case of breach of any of the bail conditions, the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 CRIME NO.68/2021 OF Palode Police Station , Thiruvananthapuram PETITIONER/S: SOORYA KUMAR AGED 19 YEARS BHAGVATHI VILASOM, MELEVILA, IDAVILAKAM, MURUKKUMPUZHA, MANGALAPURAM, VEYILOOR VILLAGE, THIRUVANANTHAPURAM - 695302. BY ADV. SRI.M.R.SARIN 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 31.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 31st day of March 2021 This is an application for regular bail under Section 439 of the Cr.P.C.

2. The applicant is the 3rd accused in Crime No.68/2021 of Palode Police Station for having allegedly committed the offences punishable under Sections 452, 324, 326, 307 and 201 read with Section 34 of the I.P.C.

3. The prosecution case, in brief, is that on 12.01.2021 at about 1.30 AM, the applicant in furtherance of common intention with the rest of the accused, trespassed into the house of the de facto complainant and broke open the front and back doors of the house and attacked him by means of dangerous weapons like chopper and knife, while he was engaged in watching the T.V. and attempted to commit murder.

4. The applicant states that he is innocent and the allegations are not true and that he has no other criminal antecedents and has been in custody since 17.01.2021, and therefore, seeks bail.

5. Heard the learned Counsel for the applicant and the learned Public Prosecutor.

6. The allegation against the applicant is that he was also wielding the weapon with which he and other co-accused caused very serious injuries to the de facto

complainant.      Five      fractures      were    caused   to     the   de
facto complainant on his leg and hand.                   The applicant
is only 19 years old.           It is admitted that he has no
criminal antecedents.         Under the circumstances, I find

that further incarceration of the applicant need not be required. The final report has also been filed after the completion of the investigation. Hence, the application is only to be allowed. As a result, the bail application is allowed and the applicant is directed to 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 jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation; ii) He shall not attempt to influence or intimidate the witnesses; and iii) He shall not get involved in similar offences during the currency of the bail. 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. Sd/- ASHOK MENON dkr JUDGE

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