Danish vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 21, 2021

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https://sooperkanoon.com/case/1708979

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Citation: sooperkanoon.com/1708979
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jan 21, 2021
Case Number: Bail Appl./8311/2020

Parties & Advocates

Appellant / Petitioner

Danish

Respondent

State of Kerala

Excerpt

.....the person arrayed as the 2nd accused is his father.3. the prosecution case, in brief, is that on31.10.2020 at about 5 p.m., near the panchayath road at mechal, the applicant in furtherance of common intention with the second accused pushed the de facto complainant from a kayyala (compound wall) as a result of which he fell down, and thereafter, the applicant and the co-accused attacked him with a stone and that hit on his head causing an injury.4. the second accused was granted bail. theapplicant is the first accused. he submits that he has no criminal antecedents and no grievous injury was caused to the de facto complainant and section 308 ipc has been incorporated solely for the reason of denying bail to him. he is willing to cooperate with the investigation and therefore, seeks pre-arrest bail.5. heard the learned counsel appearing for the applicant and the learned public prosecutor.6. the applicant admittedly has no criminalantecedents. no dangerous weapon apart from a stone was used by the applicant. no grievous injury has been sustained by the de facto complainant. under the circumstances, i find that custodial interrogation of the applicant is not necessary. he is willing to cooperate with the investigation.7. in the result, the bail application is allowed and theapplicant is directed to surrender before the investigating officer within two weeks. in the event of his being arrested, after interrogation, he shall be released on bail on execution of a bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer and on the following conditions:(i) he shall appear before the investigating officer as and when called for and co-operate with the investigation.(ii) he shall not tamper with evidence or intimidate or influence the witnesses.(iii) he shall not get involved in any similar offenceduring the currency of the bail. in case of breach of any of the above bail.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942 Bail Appl..No.8311 OF 2020 CRIME NO.558/2020 OF Melukkavu Police Station, Kottayam PETITIONER/S: DANISH AGED 32 YEARS S,O DANIEL, KALLEPPURAKKAL HOUSE, MECHAL KARA, MOONNILAVU VILLGE, MEENACHIL TALUK, KOTTAYAM BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM SHRI.VIVEK.P.K RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 2 STATION HOUSE OFFICER MELUKAVU POLICE STATION, KOTTAYAM R1 BY PUBLIC PROSECUTOR OTHER PRESENT: SRI.SANTHOSH PETER SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 21st day of January 2021 This is an application seeking anticipatory bail.

2. The applicant is the first accused in Crime

No.558/2020 of Melukavu Police Station for having allegedly committed offences punishable under Sections 308, 324 and 326 read with Section 34 of IPC. The person arrayed as the 2nd accused is his father.

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

31.10.2020 at about 5 p.m., near the panchayath road at Mechal, the applicant in furtherance of common intention with the second accused pushed the de facto complainant from a Kayyala (Compound wall) as a result of which he fell down, and thereafter, the applicant and the co-accused attacked him with a stone and that hit on his head causing an injury.

4. The second accused was granted bail. The

applicant is the first accused. He submits that he has no criminal antecedents and no grievous injury was caused to the de facto complainant and Section 308 IPC has been incorporated solely for the reason of denying bail to him. He is willing to cooperate with the investigation and therefore, seeks pre-arrest bail.

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

6. The applicant admittedly has no criminal

antecedents. No dangerous weapon apart from a stone was used by the applicant. No grievous injury has been sustained by the de facto complainant. Under the circumstances, I find that custodial interrogation of the applicant is not necessary. He is willing to cooperate with the investigation.

7. In the result, the Bail Application is allowed and the

applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation, he shall be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer and on the following conditions:

(i) He shall appear before the investigating officer as and when called for and co-operate with the investigation.

(ii) He shall not tamper with evidence or intimidate or influence the witnesses.

(iii) He shall not get involved in any similar offence

during the currency of the bail. In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail. Sd/- ASHOK MENON JUDGE jg

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