Vaisakh vs State of Kerala

Type Court Judgment Court Kerala Decided May 25, 2021

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Citation: sooperkanoon.com/1629404
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: May 25, 2021
Case Number: Bail Appl./3087/2021

Parties & Advocates

Appellant / Petitioner

Vaisakh

Respondent

State of Kerala

Excerpt

.....the informant, who is a police constable on election duty, by hitting him with a motor bike.3. the petitioner has filed this application under section 438 cr.p.c.4. heard.5. the learned public prosecutor has no serious objection in allowing this application.6. the learned public prosecutor has submitted that -3- the informant did not sustain any external or internal injury in the incident. it has been further submitted by the learned public prosecutor that the petitioner is not involved in any other offence.7. considering the facts and circumstances of thecase, including the submission of the learned public prosecutor and also taking into consideration of the fact that the petitioner is a first time offender, i am inclined to grant the relief under section 438 cr.p.c. in favour of the petitioner. in the result, this application stands allowed and thepetitioner shall be released on bail in the event of his arrest in crime no.255/2021 of koyilandy police station, on condition of the petitioner executing a bond for rs.35,000/- (rupees thirty five thousand only) with two solvent sureties, each for the like sum to the satisfaction of the station house officer concerned, before whom the-4- petitioner shall surrender within twenty days, if not arrested in the meantime and subject to the following further conditions:1. the petitioner shall report before the investigating officer as and when required by the investigating officer for interrogation.2. the petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.3. the petitioner shall not get involved in any other offence during the pendency of this case. sd/- b.sudheendra kumar judge nkr/25.05.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943 CRIME NO.255/2021 OF Koyilandy Police Station, Kozhikode PETITIONER/ACCUSED: VAISAKH AGED 25 YEARS MANNARODIKKUNI HOUSE, MOODADI NORTH P.O. KOYILANDY KOZHIKODE KOZHIKODE, PIN - 673307 BY ADV S.K.SAJU RESPONDENT/STATE & DE FACTO COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING SHO OF POLICE KOYILANDY POLICE STATION ERNAKULAM, PIN - 682031 BY ADV.M.K.PUSHPALATHA, SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

The petitioner is the sole accused in Crime No.255 of 2021 of Koyilandy Police Station registered for the offences punishable under Section 332 IPC and Section 117(e) of the Kerala Police Act and Section 133 of the Representation of the People Act.

2. The prosecution allegation is that on 06.04.2021 at about 11 am, the petitioner voluntarily cause hurt on the informant, who is a police constable on election duty, by hitting him with a motor bike.

3. The petitioner has filed this application under Section 438 Cr.P.C.

4. Heard.

5. The learned Public Prosecutor has no serious objection in allowing this application.

6. The learned Public Prosecutor has submitted that -3- the informant did not sustain any external or internal injury in the incident. It has been further submitted by the learned Public Prosecutor that the petitioner is not involved in any other offence.

7. Considering the facts and circumstances of the

case, including the submission of the learned Public Prosecutor and also taking into consideration of the fact that the petitioner is a first time offender, I am inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioner. In the result, this application stands allowed and the

petitioner shall be released on bail in the event of his arrest in Crime No.255/2021 of Koyilandy Police Station, on condition of the petitioner executing a bond for Rs.35,000/- (Rupees Thirty Five Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the

-4- petitioner shall surrender within twenty days, if not arrested in the meantime and subject to the following further conditions:

1. The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

2. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

3. The petitioner shall not get involved in any other offence during the pendency of this case. Sd/- B.SUDHEENDRA KUMAR JUDGE nkr/25.05.2021

Same Court & Year Kerala · 2021 Same Parties Vaisakh vs State of Kerala Same Judge Honourable Mr. Justice B.Sudheendra Kumar