Rasheed vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Oct 30, 2020

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Citation: sooperkanoon.com/1803546
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Oct 30, 2020
Case Number: Bail Appl./5962/2020

Parties & Advocates

Appellant / Petitioner

Rasheed

Respondent

State of Kerala

Excerpt

.....of cr.p.c seeking anticipatory bail. applicant is the sole accused in crime no.799/2020 of alathur police station, palakkad, for having allegedly committed offences punishable under sections 324, 326 and 341 ipc.2. the prosecution case, in brief, is that the applicant wrongfully restrained the de facto complainant and owing to previous enmity towards the de facto complainant, assaulted him with a stick causing an injury to both his legs. he sustained a fracture injury on his legs.3. the applicant states that he is innocentand the allegations are not true. the de facto complainant used to constantly harass the wife of the accused and he was admonished about that incident. the fracture he had sustained is not due to the assault by the applicant. but it was sustained in an accident on earlier date. hence, the applicant prays that he may be released on anticipatory bail. he has no criminal antecedents.4. heard the learned counsel for the applicant and the learned public prosecutor.5. the learned public prosecutor refers to thewound certificate and states that the fracture injury was sustained due to being assaulted by the applicant, because he was admitted to the hospital on 22.08.2020 and he also sustained corresponding lacerated wound on his leg. under the circumstances, i find that the applicant is not entitled to the exceptional remedy of an anticipatory bail. the recovery will have to be effected. in the result the application is disposed of with a direction to the applicant to surrender before the investigating officer within two weeks, in the event of his being arrested, after interrogation and recovery, he shall be produced before the jurisdictional magistrate. the applicant shall be at liberty to apply for a regular bail which can be considered by the learned magistrate on its merits and disposed of preferably on the very same date. with these observations the petition is disposed of. sd/- ashok menon judge spk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 CRIME NO.799/2020 OF Alathur Police Station, Palakkad PETITIONER/S: RASHEED AGED 49 YEARS S/O. MUHAMMED KURUKKAL, AMBATTUPARAMB HOUSE, VAVULLIAPURAM POST, KAVASSERY, ALATHUR BY ADVS. SHRI.THAREEQ ANVER SRI.R.RAMADAS RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM SRI.AJITH MURALI PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 30th day of October 2020 This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail. Applicant is the sole accused in Crime No.799/2020 of Alathur Police Station, Palakkad, for having allegedly committed offences punishable under Sections 324, 326 and 341 IPC.

2. The prosecution case, in brief, is that the applicant wrongfully restrained the de facto complainant and owing to previous enmity towards the de facto complainant, assaulted him with a stick causing an injury to both his legs. He sustained a fracture injury on his legs.

3. The applicant states that he is innocent

and the allegations are not true. The de facto complainant used to constantly harass the wife of the accused and he was admonished about that incident. The fracture he had sustained is not due to the assault by the applicant. But it was sustained in an accident on earlier date. Hence, the applicant prays that he may be released on anticipatory bail. He has no criminal antecedents.

4. Heard the learned counsel for the applicant and the learned public prosecutor.

5. The learned Public Prosecutor refers to the

wound certificate and states that the fracture injury was sustained due to being assaulted by the applicant, because he was admitted to the hospital on 22.08.2020 and he also sustained corresponding lacerated wound on his leg. Under the circumstances, I find that the applicant is not entitled to the exceptional remedy of an anticipatory bail. The recovery will have to be effected. In the result the application is disposed of with a direction to the applicant to surrender before the investigating officer within two weeks, in the event of his being arrested, after interrogation and recovery, he shall be produced before the jurisdictional Magistrate. The applicant shall be at liberty to apply for a regular bail which can be considered by the learned Magistrate on its merits and disposed of preferably on the very same date. With these observations the petition is disposed of. Sd/- ASHOK MENON JUDGE SPK

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