Siva Kumar vs the State of Kerala

Siva Kumar vs The State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 30, 2021

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https://sooperkanoon.com/case/1646101

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Citation: sooperkanoon.com/1646101
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jun 30, 2021
Case Number: Bail Appl./4926/2021

Parties & Advocates

Appellant / Petitioner

Siva Kumar

Respondent

The State of Kerala

Excerpt

.....of 2021 2orderthe petitioners are the accused nos. 1 to 3 in crime no. registered on the basis of an incident happened on 10.06.2021 at 4.45 p.m. the allegations are covered by sections 341, 323, 324, 307, 506 read with 34 of the indian penal code. now they seek their bail under section 438 of the code of criminal procedure.2. the learned counsel for the petitioners submits thatin fact this is a counter case to crime no. 499/2021 of munnar police station, in which the petitioners have sustained injuries that section 307 of the indian penal code has been incorporated only to boost up the gravity of the offence; no such incident had happened; in fact it was the defacto complainant and others who had assaulted and injured the petitioners. he also took my attention to the annexure 2, photographs whereby, it is evident that they had sustained grievous injuries in the occurrence.3. the learned public prosecutor has strongly opposedthe application. according to the learned public prosecutor, both the crimes cannot be taken as case and counter, the defacto complainant had sustained cut injuries, the petitioners had used knife and sticks to assail the defacto complainant and that the bail appl.no.4926 of 2021 3 petitioners have numerous criminal cases to their credit.4. having heard the learned counsel on both sides andtaking into account the gravity of the offence and the nature of injuries sustained by the defacto complainant, i am not inclined to grant anticipatory bail to the petitioners. the application is only to be dismissed. dismissed. at this juncture, the learned counsel for the petitioners submits that the petitioners want to surrender before the investigating officer. in that event, their arrest, if any, recorded and further proceedings shall be conducted with utmost expedition. sd/- k.haripal judgedcs/05.07.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL WEDNESDAY, THE 30TH DAY OF JUNE 2021 / 9TH ASHADHA, 1943 BAIL APPL. NO. 4926 OF 2021 CRIME NO. 493/2021 OF MUNNAR POLICE STATION, IDUKKI PETITIONERS/ACCUSED 1 TO 3: 1 SIVA KUMAR AGED 22 YEARS S/O. MARIMUTHU, PEIYAVARI ESTATE, CHOLAMALA DIVISION, NALLATHANNI ESTATE, MUNNAR IDUKKI. 2 SANJAI, AGED 26 YEARS S/O. RAVI, NALLATHANNI ESTATE, WEST DIVISION, MUNNAR IDUKKI. 3 SUBASH AGED 32 YEARS S/O. UDAYASOORYAN, KANNIMALAI ESTATE, TOP DIVISION, MUNNAR IDUKKI. BY ADVS. V.S.SHIRAZ BAVA S.NIDHEESH RESPONDENT: THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. BY SMT. SREEJA V., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl.No.4926 OF 2021 2

ORDER

The petitioners are the accused Nos. 1 to 3 in Crime No. registered on the basis of an incident happened on 10.06.2021 at 4.45 P.M. The allegations are covered by Sections 341, 323, 324, 307, 506 read with 34 of the Indian Penal Code. Now they seek their bail under Section 438 of the Code of Criminal Procedure.

2. The learned counsel for the petitioners submits that

in fact this is a counter case to Crime No. 499/2021 of Munnar Police Station, in which the petitioners have sustained injuries that Section 307 of the Indian Penal Code has been incorporated only to boost up the gravity of the offence; no such incident had happened; in fact it was the defacto complainant and others who had assaulted and injured the petitioners. He also took my attention to the Annexure 2, photographs whereby, it is evident that they had sustained grievous injuries in the occurrence.

3. The learned Public Prosecutor has strongly opposed

the application. According to the learned Public Prosecutor, both the crimes cannot be taken as case and counter, the defacto complainant had sustained cut injuries, the petitioners had used knife and sticks to assail the defacto complainant and that the Bail Appl.No.4926 OF 2021 3 petitioners have numerous criminal cases to their credit.

4. Having heard the learned counsel on both sides and

taking into account the gravity of the offence and the nature of injuries sustained by the defacto complainant, I am not inclined to grant anticipatory bail to the petitioners. The application is only to be dismissed. Dismissed. At this juncture, the learned counsel for the petitioners submits that the petitioners want to surrender before the Investigating Officer. In that event, their arrest, if any, recorded and further proceedings shall be conducted with utmost expedition. Sd/- K.HARIPAL JUDGE

DCS/05.07.2021

Same Court & Year Kerala Orders · 2021 Same Parties Siva Kumar vs The State of Kerala Same Judge Honourable Mr. Justice K.Haripal