Suresh Kumar @ Sabu Vs. the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1136901
CourtKerala High Court
Decided OnApr-01-2014
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantSuresh Kumar @ Sabu
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph tuesday, the1t day of april201411th chaithra, 1936 bail appl..no. 2226 of 2014 -------------------------------------- crime no. 245/2014 of kadakkal police station , kollam ------------ petitioner(s)/accused no.3: ---------------------------------------------- suresh kumar @ sabu, aged40years, s/o. bhaskara pillai, edayilaveedu, mullakkara muri, kummil village, kottarakkara taluk. by adv. sri.saju.s.a respondent/complainant(s): ------------------------------------------------ the state of kerala, represented by the public prosecutor, high court of kerala, ernakulam682031. by public prosecutor sri.v.s.sreejith this bail application having come up for admission on0104-2014, the court on the same day passed the following: pj thomas p. joseph. j.========================= bail application no.2226 of 2014 ============================ dated this the 1st day of april, 2014 order petitioner is the 3rd accused in crime no.245 of 2014 of the kadakkal police station apprehends arrest and has filed this application.2. learned public prosecutor has opposed the application. it is submitted that on 15.02.2014 at about 05:00 p.m. the petitioner and accused 1 and 2 attacked the de facto complainant. the first accused used wooden log while the second accused used chopper. allegation against the petitioner is that he wrongfully restrained the de facto complainant.3. learned counsel submitted that the allegations are not true. it is submitted that the accused 1 and 2 were arrested on 15.02.2014 and released on 16.02.2014. it appears that the offences attributed to the petitioner and others are under secs. 341, 323, 324 and 308 r/w. sec. 34 of the penal code. there does not appear to be any b.a. no. 2226 of 2014 2 fracture. no recovery is to be made at the instance of the petitioner. hence i am inclined to grant relief. application is allowed as under:1. petitioner shall surrender before the officer investigating crime no.245 of 2014 of the kadakkal police station on 08.04.2014 at 10:00 a.m. for interrogation. 2) in case interrogation is not completed that day, the said officer can direct the petitioner to appear before him on any other date/dates and time which he shall comply. 3) petitioner shall co-operate with the investigation of the case. 4) in case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. 5) on such production the petitioner shall be released, if not required to be detained otherwise on his executing bond for rs.20,000/- (rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:- a) one of the sureties shall be a close relative of the petitioner. b.a. no. 2226 of 2014 3 b) petitioner shall report to the investigating officer on every alternate saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report or for two months, whichever is earlier. c) petitioner shall report to the investigating officer as and when required for interrogation. c) petitioner shall not intimidate/influence the witnesses. e) petitioner shall not, during the period of this bail get involved in any offence. f) in case of violation of any of conditions nos. (b) to (e), it is open to the investigating officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal if any and thereafter before the learned principal sessions judge concerned) as held in p.k. shaji v. state of kerala (air2006supreme court 100). sd/- thomas p.joseph, judge //true copy// p.a. to judge smv
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 Bail Appl..No. 2226 of 2014 -------------------------------------- CRIME NO. 245/2014 OF KADAKKAL POLICE STATION , KOLLAM ------------ PETITIONER(S)/ACCUSED NO.3: ---------------------------------------------- SURESH KUMAR @ SABU, AGED40YEARS, S/O. BHASKARA PILLAI, EDAYILAVEEDU, MULLAKKARA MURI, KUMMIL VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.SAJU.S.A RESPONDENT/COMPLAINANT(S): ------------------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM682031. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ THOMAS P. JOSEPH. J.

========================= Bail Application No.2226 of 2014 ============================ Dated this the 1st day of April, 2014 ORDER

Petitioner is the 3rd accused in Crime No.245 of 2014 of the Kadakkal police station apprehends arrest and has filed this application.

2. Learned Public Prosecutor has opposed the application. It is submitted that on 15.02.2014 at about 05:00 p.m. the petitioner and accused 1 and 2 attacked the de facto complainant. The first accused used wooden log while the second accused used chopper. Allegation against the petitioner is that he wrongfully restrained the de facto complainant.

3. Learned counsel submitted that the allegations are not true. It is submitted that the accused 1 and 2 were arrested on 15.02.2014 and released on 16.02.2014. It appears that the offences attributed to the petitioner and others are under Secs. 341, 323, 324 and 308 r/w. Sec. 34 of the Penal Code. There does not appear to be any B.A. NO. 2226 of 2014 2 fracture. No recovery is to be made at the instance of the petitioner. Hence I am inclined to grant relief. Application is allowed as under:

1. Petitioner shall surrender before the officer investigating Crime No.245 of 2014 of the Kadakkal police station on 08.04.2014 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the petitioner to appear before him on any other date/dates and time which he shall comply. 3) Petitioner shall co-operate with the investigation of the case. 4) In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. 5) On such production the petitioner shall be released, if not required to be detained otherwise on his executing bond for Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:- a) One of the sureties shall be a close relative of the petitioner. B.A. NO. 2226 of 2014 3 b) Petitioner shall report to the investigating officer on every alternate Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report or for two months, whichever is earlier. c) Petitioner shall report to the investigating officer as and when required for interrogation. c) Petitioner shall not intimidate/influence the witnesses. e) Petitioner shall not, during the period of this bail get involved in any offence. f) In case of violation of any of conditions Nos. (b) to (e), it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal if any and thereafter before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv