Vasu, vs State of Kerala

VASU, vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 23, 2020

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https://sooperkanoon.com/case/1759029

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Citation: sooperkanoon.com/1759029
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Mar 23, 2020
Case Number: Bail Appl./2063/2020

Parties & Advocates

Appellant / Petitioner

VASU,

Respondent

State of Kerala

Excerpt

.....herein are accused nos.1 and 2 in crime no.166/2020 of the thenmala police station registered under sections 341, 326(a), 323 and 324 r/w 34 ipc.3. according to the prosecution, the applicants herein are father andson respectively and the de facto complainant is their near relative. due to previous enmity, on 2.03.2020 at about 9 am, the applicants herein in furtherance of their common intention wrongfully restrained the de facto complainant and the 1st accused is alleged to have poured some corrosive liquid on his face causing injuries. it is also alleged that the accused nos.1 and 2 attacked him on various parts of his body and bit his chest.4. sri.t.a.unnikrishnan, the learned counsel appearing for the applicants, submits that the applicants have been in custody from 03.03.2020.5. heard the learned public prosecutor.6. i have considered the submissions advanced and have perused the records. from the records, it appears that the investigation has progressed tobail appl..no.2063 of 2020 3 the final stages. having regard to the period of detention undergone and the stage of investigation, i am of the view that the applicants can now be enlarged on bail on conditions. in the result, this application will stand allowed. the applicants shall be released on bail on their executing a bond for rs.50,000/- (rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. the above order shall be subject to the following conditions:1). the applicants shall appear before the investigating officer on all saturdays between 9 a.m. and 11 a.m., for a period of two months or till final report is filed, whichever is earlier. 2). they shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence. 3). they shall not commit any similar offence while on bail.in case of violation of any of the above conditions, the jurisdictional court shall be empowered to consider the.....

Full Judgment

Bail Appl..No.2063 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 Bail Appl..No.2063 OF 2020 CRIME NO.166/2020 OF THENMALA POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 & 2: 1 VASU, AGED 74 YEARS S/O. SANKARAN, NELLIKKAL MELETHIL VEEDU, OTTAKKAL, THENMALA VILLAGE, KOLLAM. 2 ANILKUMAR, AGED 45 YEARS S/O. VASU, NELLIKKAL MELETHIL VEEDU, PARAKADAVU, OTTAKKAL, THENMALA VILLAGE, KOLLAM. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.K.AKHIL RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. SRI C.S HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.2063 OF 2020 2

ORDER

This application is filed under Section 439 of the Code of Criminal Procedure.

2. The applicants herein are accused Nos.1 and 2 in Crime No.166/2020 of the Thenmala Police Station registered under Sections 341, 326(A), 323 and 324 r/w 34 IPC.

3. According to the prosecution, the applicants herein are father and

son respectively and the de facto complainant is their near relative. Due to previous enmity, on 2.03.2020 at about 9 am, the applicants herein in furtherance of their common intention wrongfully restrained the de facto complainant and the 1st accused is alleged to have poured some corrosive liquid on his face causing injuries. It is also alleged that the accused Nos.1 and 2 attacked him on various parts of his body and bit his chest.

4. Sri.T.A.Unnikrishnan, the learned counsel appearing for the applicants, submits that the applicants have been in custody from 03.03.2020.

5. Heard the learned Public Prosecutor.

6. I have considered the submissions advanced and have perused the records. From the records, it appears that the investigation has progressed to

Bail Appl..No.2063 OF 2020 3 the final stages. Having regard to the period of detention undergone and the stage of investigation, I am of the view that the applicants can now be enlarged on bail on conditions. In the result, this application will stand allowed. The applicants shall be released on bail on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:

1). The applicants shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for a period of two months or till final report is filed, whichever is earlier. 2). They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence. 3). They shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law. Sd/- RAJA VIJAYARAGHAVAN V JUDGE IAP

Same Court & Year Kerala · 2020 Same Parties VASU, vs State of Kerala Same Judge Honourable Mr. Justice Raja Vijayaraghavan V