Jith Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1015214
CourtKerala High Court
Decided OnJul-02-2013
JudgeHONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
AppellantJith
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice s.s.satheesachandran tuesday, the 2nd day of july 2013 11th ashadha, 1935 bail appl..no. 4393 of 2013 () ------------------------------- crime no. 578/2013 of vellikulangara police station , trissur dt ------- petitioner/accused: ------------------- jith k.s, aged 2 years s/o.sivan.k.p, kizhakkepurackal house mattathurkunnu.p.o, vasupuram, vellikulangara. by advs.sri.m.shaju purushothaman sri.k.s.rajesh respondent/complainant: ----------------------- state of kerala, represented by the public prosecutor high court of kerala, ernakulam representing the s.i.of police, vellikulangara. by public prosecutor smt.laliza t.y. this bail application having come up for admission on 02-07-2013, the court on the same day passed the following: vk s.s.satheesachandran, j ----------------------------------------- b.a.no.4393 of 2013 ----------------------------------- dated this the 2nd day of july, 2013 order petitioner is the accused in crime no.578 of 2013 of vellikulangara police station registered for offences punishable under sections 294(b), 341, 323 and 332 of the indian penal code. he has filed the above application seeking pre-arrest bail under section 438 of the code of criminal procedure (for short "the code"), after his application moved for such relief before the sessions judge had been turned down vide the annexure produced with petition.2. learned counsel for petitioner submitting that petitioner is innocent seeks the discretionary relief canvassed in his favour. opposing the application learned public prosecutor submits petitioner is involved in several criminal cases and a proceeding under section 107 of the code was also initiated against him. petitioner assaulted an employee of electricity board, abused and intimidated him, and also prevented him from discharging his duties, is the case for registering the crime for the offences stated supra against him, is the submission of learned public prosecutor.3. after hearing the submissions made by counsel on both b.a.no.4393 o”2. sides and taking note of the facts and circumstances presented, i find this is not a fit case where petitioner can be granted the discretionary relief of pre-arrest bail. he has to surrender and co-operate with investigation of the crime. petition dismissed. sd/- s.s.satheesachandran, judge true copy p.a.to judge rkm
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 2ND DAY OF JULY 2013 11TH ASHADHA, 1935 Bail Appl..No. 4393 of 2013 () ------------------------------- CRIME NO. 578/2013 OF VELLIKULANGARA POLICE STATION , TRISSUR DT ------- PETITIONER/ACCUSED: ------------------- JITH K.S, AGED 2 YEARS S/O.SIVAN.K.P, KIZHAKKEPURACKAL HOUSE MATTATHURKUNNU.P.O, VASUPURAM, VELLIKULANGARA. BY ADVS.SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT/COMPLAINANT: ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I.OF POLICE, VELLIKULANGARA. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No.4393 of 2013 ----------------------------------- Dated this the 2nd day of July, 2013 ORDER Petitioner is the accused in Crime No.578 of 2013 of Vellikulangara Police Station registered for offences punishable under Sections 294(b), 341, 323 and 332 of the Indian Penal Code. He has filed the above application seeking pre-arrest bail under Section 438 of the Code of Criminal Procedure (for short "the Code"), after his application moved for such relief before the Sessions Judge had been turned down vide the annexure produced with petition.

2. Learned counsel for petitioner submitting that petitioner is innocent seeks the discretionary relief canvassed in his favour. Opposing the application learned Public Prosecutor submits petitioner is involved in several criminal cases and a proceeding under Section 107 of the Code was also initiated against him. Petitioner assaulted an employee of Electricity Board, abused and intimidated him, and also prevented him from discharging his duties, is the case for registering the crime for the offences stated supra against him, is the submission of learned Public Prosecutor.

3. After hearing the submissions made by counsel on both B.A.No.4393 o”

2. sides and taking note of the facts and circumstances presented, I find this is not a fit case where petitioner can be granted the discretionary relief of pre-arrest bail. He has to surrender and co-operate with investigation of the crime. Petition dismissed. Sd/- S.S.SATHEESACHANDRAN, JUDGE True Copy P.A.to Judge RKM