Libin L vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2020

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https://sooperkanoon.com/case/1784023

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Citation: sooperkanoon.com/1784023
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jul 30, 2020
Case Number: Bail Appl./4267/2020

Parties & Advocates

Appellant / Petitioner

Libin L

Respondent

State of Kerala

Excerpt

.....on the same day passed the following:orderdated this the 30th day of july 2020 the applicant is the 4th accused in crime no.107 of 2019 of kottiyam police station, kollam, for having allegedly committed offences punishable under sections 323, 324, 326 r/w section 34 of the indian penal code.2. the prosecution case in brief is that on24.02.2019 at about 9.30 p.m., in furtherance of common intention, the applicant along with the co-accused assaulted the defacto complainant and caused him a fracture of his hand and nasal bone. the injuries were caused allegedly by the 1st accused hitting him with a piece of rock. the other accused had allegedly assaulted him with hands. the 1 st accused in no more and the charge against him has abated. the 2nd accused was arrested and released on regular bail and recovery is complete.3. therefore, custodial interrogation of the applicantis not necessary. the applicant does not have any criminal antecedents. hence, the bail application is allowed and the applicant is directed to surrender before the investigating officer within three weeks. after interrogation, in the event of his being arrested, he shall be released on bail on execution of 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 and on following further conditions.(i) he shall appear before the investigating officer as and when called for.(ii) he shall not interfere with the investigation, intimidate or influence witnesses.(iii) he shall not get involved in any similarcrime during the bail period. in case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court. sd/- ashok menon judge dxy

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY, THE 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942 CRIME NO.107/2019 OF Kottiyam Police Station , Kollam PETITIONER/S: LIBIN L AGED 21 YEARS S/O. LAIJU, LIBIN BHAVAN, VADAKKE MILAKADU, KANNANALLOOR, KOLLAM PIN 691 576 BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT/S: STATE OF KERALA (S H O KOTTIYAM POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN 682 031 OTHER PRESENT: SRI.AMJAD ALI SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 30th day of July 2020 The applicant is the 4th accused in Crime No.107 of 2019 of Kottiyam Police Station, Kollam, for having allegedly committed offences punishable under Sections 323, 324, 326 r/w Section 34 of the Indian Penal Code.

2. The prosecution case in brief is that on

24.02.2019 at about 9.30 p.m., in furtherance of common intention, the applicant along with the co-accused assaulted the defacto complainant and caused him a fracture of his hand and nasal bone. The injuries were caused allegedly by the 1st accused hitting him with a piece of rock. The other accused had allegedly assaulted him with hands. The 1 st accused in no more and the charge against him has abated. The 2nd accused was arrested and released on regular bail and recovery is complete.

3. Therefore, custodial interrogation of the applicant

is not necessary. The applicant does not have any criminal antecedents. Hence, the bail application is allowed and the applicant is directed to surrender before the Investigating Officer within three weeks. After interrogation, in the event of his being arrested, he shall be released on bail on execution of 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 and on following further conditions.

(i) He shall appear before the Investigating Officer as and when called for.

(ii) He shall not interfere with the investigation, intimidate or influence witnesses.

(iii) He shall not get involved in any similar

crime during the bail period. In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional Court. Sd/- ASHOK MENON JUDGE Dxy

Same Court & Year Kerala · 2020 Same Parties Libin L vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon