Kannan vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 22, 2021

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Citation: sooperkanoon.com/1705094
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Feb 22, 2021
Case Number: Bail Appl./8177/2020

Parties & Advocates

Appellant / Petitioner

Kannan

Respondent

State of Kerala

Excerpt

.....paravoor police station for having allegedly committed the offences punishable under sections 294(b), 341, 323, 324, 326 and 506 of the i.p.c. and under section 27 of the arms act.3. the prosecution case, in brief, is that on27.10.2020 at about 6.30 pm, while the de facto complainant was coming along the road, the applicant allegedly wrongfully restrained him, hurled abuses at him, and thereafter beat him up with dangerous weapon like an iron rod, causing a fracture to his left hand, dislocation to his shoulder and injuries over the ribs and other parts of the body and thus committed the offences.4. the applicant states that he is innocent and the allegations are not true. it is also submitted that even though the incident took place on 27.10.2020, there is a delay of 23 days in registering the f.i.r., and therefore, the veracity of the allegations isdoubtful. it is further stated that initially there is no indication of the de facto complainant sustaining any grievous hurt, and therefore, the applicant seeks pre-arrest bail.5. heard the learned counsel appearing for the applicant and the learned public prosecutor.6. the learned public prosecutor admits that the applicant has no criminal antecedents. but it is stated that the de facto complainant was attacked with a dangerous weapon like an iron rod and he has sustained multiple grievous injuries. the weapon has to be recovered, and therefore, custodial interrogation of the applicant is necessary.7. after having heard the submissions on both sides, i find that the allegation against the applicant is grave and he is therefore directed to cooperate with the investigation. the applicant is directed to surrender before the investigating officer within twoweeks. after interrogation and recovery, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and disposed of preferably on the very same day. sd/- ashok menon dkr judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942 CRIME NO.1791/2020 OF Paravoor Police Station , Kollam PETITIONER/S: KANNAN, AGED 28 YEARS, NJARODE CHERRY,KALACODE, POOTHAKULAM,PARAVOOR, KOLLAM PIN 691574. BY ADV. SRI.M.R.SASITH 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 22.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 22nd day of February 2021 This is an application for anticipatory bail under Section 438 of the Cr.P.C.

2. The applicant is the sole accused in Crime No.1791/2020 of Paravoor Police Station for having allegedly committed the offences punishable under Sections 294(b), 341, 323, 324, 326 and 506 of the I.P.C. and under Section 27 of the Arms Act.

3. The prosecution case, in brief, is that on

27.10.2020 at about 6.30 PM, while the de facto complainant was coming along the road, the applicant allegedly wrongfully restrained him, hurled abuses at him, and thereafter beat him up with dangerous weapon like an iron rod, causing a fracture to his left hand, dislocation to his shoulder and injuries over the ribs and other parts of the body and thus committed the offences.

4. The applicant states that he is innocent and the allegations are not true. It is also submitted that even though the incident took place on 27.10.2020, there is a delay of 23 days in registering the F.I.R., and therefore, the veracity of the allegations is

doubtful. It is further stated that initially there is no indication of the de facto complainant sustaining any grievous hurt, and therefore, the applicant seeks pre-arrest bail.

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

6. The learned Public Prosecutor admits that the applicant has no criminal antecedents. But it is stated that the de facto complainant was attacked with a dangerous weapon like an iron rod and he has sustained multiple grievous injuries. The weapon has to be recovered, and therefore, custodial interrogation of the applicant is necessary.

7. After having heard the submissions on both sides, I find that the allegation against the applicant is grave and he is therefore directed to cooperate with the investigation. The applicant is directed to surrender before the investigating officer within two

weeks. After interrogation and recovery, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and disposed of preferably on the very same day. Sd/- ASHOK MENON dkr JUDGE

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