Saravanan vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 29, 2021

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Citation: sooperkanoon.com/1649583
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jul 29, 2021
Case Number: Bail Appl./4089/2021

Parties & Advocates

Appellant / Petitioner

Saravanan

Respondent

State of Kerala

Excerpt

.....the court on the same day delivered the following: bail appl.no.4089 of 2021 2orderpetitioner is the second accused in crime no. 253/2021 of kilikolloor police station in kollam district. that crime was registered alleging offence under sections 143, 147, 148, 294(b), 323, 324 and 308 read with 149 of the indian penal code. the allegation is that the accused persons had attacked and injured the defacto complainant with a sword and a piece of shock absorber. the sword was used by the first accused; the first accused has already been arrested and the said sword has been recovered. now the petitioner seeks his pre-arrest bail.2. after hearing counsel on both sides, it has come outthat the petitioner does not have criminal antecedents. the learned counsel for the petitioner submitted that the petitioner is prepared to surrender and co-operate with the investigation; he is also prepared to produce the weapon of offence used by him. this is recorded.3. having regard to the fact that the petitioner does not have any criminal antecedents and since the petitioner has offered to surrender with the weapon, the application is allowed. bail appl.no.4089 of 2021 34. the petitioner is at liberty to surrender before theinvestigating officer along with the weapon of offence, within ten days from today and make himself available for interrogation; if the investigating officer is satisfied about the said weapon, he shall be released on bail on executing bond for rs.50,000/-(rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer; he shall co-operate with the investigation; shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.sd/- k.haripal judge dcs/30.06.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 BAIL APPL. NO. 4089 OF 2021 CRIME NO. 253/2021 OF KILIKOLLOOR POLICE STATION, KOLLAM PETITIONER/ACCUSED NO. 2: SARAVANAN AGED 32 YEARS S/O.VIJAYAKUMAR, CHINNAKKATTU HOUSE, PEROOR, KARICODU, KOTTAMKARA, KOLLAM DISTRICT. BY ADV. GEORGE SEBASTIAN RESPONDENT/COMPLAINANT: STATE OF KERALA (SHO, KILIKOLLOOR POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY SRI. SANTHOSH PETER, SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl.No.4089 OF 2021 2

ORDER

Petitioner is the second accused in Crime No. 253/2021 of Kilikolloor police station in Kollam district. That crime was registered alleging offence under Sections 143, 147, 148, 294(b), 323, 324 and 308 read with 149 of the Indian Penal Code. The allegation is that the accused persons had attacked and injured the defacto complainant with a sword and a piece of shock absorber. The sword was used by the first accused; the first accused has already been arrested and the said sword has been recovered. Now the petitioner seeks his pre-arrest bail.

2. After hearing counsel on both sides, it has come out

that the petitioner does not have criminal antecedents. The learned counsel for the petitioner submitted that the petitioner is prepared to surrender and co-operate with the investigation; he is also prepared to produce the weapon of offence used by him. This is recorded.

3. Having regard to the fact that the petitioner does not have any criminal antecedents and since the petitioner has offered to surrender with the weapon, the application is allowed. Bail Appl.No.4089 OF 2021 3

4. The petitioner is at liberty to surrender before the

Investigating Officer along with the weapon of offence, within ten days from today and make himself available for interrogation; if the Investigating Officer is satisfied about the said weapon, he shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation; shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.

Sd/- K.HARIPAL JUDGE DCS/30.06.2021

Same Court & Year Kerala · 2021 Same Parties Saravanan vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal