Ajeesh V Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1143391
CourtKerala High Court
Decided OnJun-02-2014
JudgeHONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
AppellantAjeesh V
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice p.ubaid monday,the2d day of june201412th jyaishta, 1936 bail appl..no. 2979 of 2014 () ------------------------------- crime no. 423/2014 of peroorkada police station , thiruvananthapuram district ------------------ petitioner/1st accused: ----------------------------------------------- ajeesh. v, aged32years. s/o. g. vishwanathan, ajeesh bhavan, oolankuzhi, anayara.p.o., thiruvananthapuram. by advs.sri.bechu kurian thomas smt.tina alex thomas respondent/complainant: ------------------------------------------------ state of kerala, represented by public prosecutor, high court of kerala,ernakulam, (through sub inspector of police, peroorkada police station,thiruvananthapuram district.) by public prosecutor smt. lilly leslie this bail application having come up for admission on0206-2014, the court on the same day passed the following: sts p. ubaid, j.= = = = = = = = = = = b.a.no.2979 of 2014. = = = = = = = = = = = dated this the 2nd june, 2014. order the petitioner herein is the first accused in crime no.423/2014 of the peroorkada police station registered under sections 323, 324, 427, 308 and 34 ipc. the prosecution case is that at about 6.45 pm. on 23.3.2014, the petitioner herein and the co-accused assaulted the de facto complainant and inflicted injuries on his body with deadly weapons, with the knowledge that the injuries may cause death. the crime was registered on the first information statement given by the de facto complainant. during investigation, the second accused approached this court for pre-arrest bail, and obtained anticipatory bail as per order dated 11.4.2014 in ba.no.2588 of 2014 on conditions. now, the petitioner/first accused seeks pre-arrest bail on the apprehension of arrest as part of investigation.2. as required by this court, the learned public b.a.no.2979/2014. 2 prosecutor produced the case diary along with report of the investigating officer. on hearing both sides and on perusal of the case diary i find that sec.308 ipc was incorporated in the fir on the basis of a hypothetical statement. i also find that there is no absolute necessity of judicial custody of the petitioner herein, especially when the other accused has been released on bail. but he will have to be effectively interrogated in custody as part of investigation. i find that the petitioner will have to surrender before the investigating officer. he will have to be produced before the learned magistrate after necessary interrogation.3. in the result, this petition is allowed. the petitioner will surrender before the investigating officer within three days from this date, as part of the investigation. the investigating officer will produce the accused before the learned magistrate having jurisdiction within 24 hours from the time of arrest, or on the same day if interrogation could be completed. on production of the b.a.no.2979/2014. 3 petitioner, he shall be released on bail on executing bond with two solvent sureties for rs.25,000/- (rupees twenty five thousand only) each to the satisfaction of the learned magistrate. bail is granted on condition that the petitioner shall not leave the limits of peroorkada police station till final report is filed by the police, and the petitioner shall report before the investigating officer between 10 am. to 11 am. on all fridays during the said period. sd/- p. ubaid, (judge) kvs/- -// true copy //- pa to judge.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID MONDAY,THE2D DAY OF JUNE201412TH JYAISHTA, 1936 Bail Appl..No. 2979 of 2014 () ------------------------------- CRIME NO. 423/2014 OF PEROORKADA POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------------ PETITIONER/1ST ACCUSED: ----------------------------------------------- AJEESH. V, AGED32YEARS. S/O. G. VISHWANATHAN, AJEESH BHAVAN, OOLANKUZHI, ANAYARA.P.O., THIRUVANANTHAPURAM. BY ADVS.SRI.BECHU KURIAN THOMAS SMT.TINA ALEX THOMAS RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, (THROUGH SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION,THIRUVANANTHAPURAM DISTRICT.) BY PUBLIC PROSECUTOR SMT. LILLY LESLIE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0206-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P. UBAID, J.

= = = = = = = = = = = B.A.No.2979 of 2014. = = = = = = = = = = = Dated this the 2nd June, 2014. ORDER

The petitioner herein is the first accused in Crime No.423/2014 of the Peroorkada Police Station registered under Sections 323, 324, 427, 308 and 34 IPC. The prosecution case is that at about 6.45 pm. on 23.3.2014, the petitioner herein and the co-accused assaulted the de facto complainant and inflicted injuries on his body with deadly weapons, with the knowledge that the injuries may cause death. The crime was registered on the first information statement given by the de facto complainant. During investigation, the second accused approached this Court for pre-arrest bail, and obtained anticipatory bail as per Order dated 11.4.2014 in BA.No.2588 of 2014 on conditions. Now, the petitioner/first accused seeks pre-arrest bail on the apprehension of arrest as part of investigation.

2. As required by this Court, the learned Public B.A.No.2979/2014. 2 Prosecutor produced the case diary along with report of the Investigating Officer. On hearing both sides and on perusal of the case diary I find that Sec.308 IPC was incorporated in the FIR on the basis of a hypothetical statement. I also find that there is no absolute necessity of judicial custody of the petitioner herein, especially when the other accused has been released on bail. But he will have to be effectively interrogated in custody as part of investigation. I find that the petitioner will have to surrender before the Investigating Officer. He will have to be produced before the learned Magistrate after necessary interrogation.

3. In the result, this petition is allowed. The petitioner will surrender before the Investigating Officer within three days from this date, as part of the investigation. The Investigating Officer will produce the accused before the learned Magistrate having jurisdiction within 24 hours from the time of arrest, or on the same day if interrogation could be completed. On production of the B.A.No.2979/2014. 3 petitioner, he shall be released on bail on executing bond with two solvent sureties for Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the learned Magistrate. Bail is granted on condition that the petitioner shall not leave the limits of Peroorkada Police Station till final report is filed by the police, and the petitioner shall report before the Investigating Officer between 10 am. to 11 am. on all Fridays during the said period. Sd/- P. UBAID, (Judge) Kvs/- -// true copy //- PA TO JUDGE.