Mahesh vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Aug 03, 2021

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Citation: sooperkanoon.com/1655367
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Aug 03, 2021
Case Number: Bail Appl./5514/2021

Parties & Advocates

Appellant / Petitioner

Mahesh

Respondent

State of Kerala

Excerpt

.....district. that crime was registered alleging offence under sections 452, 294(b), 506(ii), 324, 326 read with section 34 of the indian penal code and also under section 92(e) of the right of persons with disabilities act. it is alleged that on 26.06.2021 at 3.30 p.m., after making preparations, the petitioners trespassed into the residential premises of the defacto complainant, who is a physically handicapped person and uttered abuses against him, hurled rubble at his head and also caused him injuries. now apprehending arrest, the petitioners have moved this court under section 438 of the code of criminal procedure.2. the learned counsel for the petitioners submits thatin the incident, the first petitioner has also sustained injuries and was hospitalised, for which he has flagged annexure a discharge card. according to him, the petitioners and the defacto complainant are neighbours.3. i heard the learned senior public prosecutor also.4. a reference to the prosecution records indicate that the crime was registered on the basis of the first information bail appl.no.5514 of 2021 3statement given by the defacto complainant, who is a handicapped person; the defacto complainant had sustained crushed fracture on the right forearm besides other injuries; the petitioners had allegedly attacked the defacto complainant with an iron rod and also with a motorcycle chain and caused him injuries, after committing house trespass.5. in the nature of the allegations and having regard tothe gravity of the injuries sustained by the defacto complainant, i am convinced that this is not a fit case for granting anticipatory bail to the petitioners. moreover, weapons of offence allegedly used by the petitioners have to be recovered, which is possible only after custodial interrogation of the petitioners. the bail application is dismissed. sd/- k.haripal judgedcs/04.07.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 BAIL APPL. NO. 5514 OF 2021 CRIME NO. 1217/2021 OF POOVAR POLICE STATION, THIRUVANANTHAPURAM PETITIONERS:ACCUSED NOS. 1 & 2 1 MAHESH AGED 37 YEARS S/O.SASI @ PODIYAN, OS COTTAGE, POOVAR, KANJAMPAZHINJI P.O, THIRUVANANTAPURAM - 695 525. 2 VINOD @ BAIJU G.R. AGED 36 YEARS S/O.GOPI, AIYIRAMTHAI VEEDU, POOVAR, KANJAMPAZHINJI P.O., BY ADV. M.SREEKUMAR RESPONDENTS:STATE: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 STATION HOUSE OFFICER POOVAR POLICE STATION, POOVAR, BY SMT. SREEJA V., SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl.No.5514 OF 2021 2

ORDER

Petitioners are the accused in Crime No. 1217/2021 of Poovar police station in Thiruvananthapuram district. That crime was registered alleging offence under Sections 452, 294(b), 506(ii), 324, 326 read with Section 34 of the Indian Penal Code and also under Section 92(e) of the Right of Persons with Disabilities Act. It is alleged that on 26.06.2021 at 3.30 P.M., after making preparations, the petitioners trespassed into the residential premises of the defacto complainant, who is a physically handicapped person and uttered abuses against him, hurled rubble at his head and also caused him injuries. Now apprehending arrest, the petitioners have moved this Court under Section 438 of the Code of Criminal Procedure.

2. The learned counsel for the petitioners submits that

in the incident, the first petitioner has also sustained injuries and was hospitalised, for which he has flagged Annexure A discharge card. According to him, the petitioners and the defacto complainant are neighbours.

3. I heard the learned Senior Public Prosecutor also.

4. A reference to the prosecution records indicate that the crime was registered on the basis of the First Information Bail Appl.No.5514 OF 2021 3

Statement given by the defacto complainant, who is a handicapped person; the defacto complainant had sustained crushed fracture on the right forearm besides other injuries; the petitioners had allegedly attacked the defacto complainant with an iron rod and also with a motorcycle chain and caused him injuries, after committing house trespass.

5. In the nature of the allegations and having regard to

the gravity of the injuries sustained by the defacto complainant, I am convinced that this is not a fit case for granting anticipatory bail to the petitioners. Moreover, weapons of offence allegedly used by the petitioners have to be recovered, which is possible only after custodial interrogation of the petitioners. The bail application is dismissed. Sd/- K.HARIPAL JUDGE

DCS/04.07.2021

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