Kerala High Court
Navas vs State Of Kerala on 4 August, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 04TH DAY OF AUGUST 2020 / 13TH SRAVANA, 1942
Bail Appl..No.4439 OF 2020
CRIME NO.1789/2020 OF Punalur Police Station , Kollam
PETITIONER/S:
NAVAS
AGED 42 YEARS,
S/O BASHEER RAWTHER, BINU MANZIL, NEAR CHETTAKKUZHY,
ST.GEORGE CHURCH, VENCHEMBU MURI, KARAVALOOR
VILLAGE, KOLLAM DISTRICT, PIN-691 333.
BY ADV. SRI.R.SURAJ KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 SUB INSPECTOR OF POLICE
PUNALUR POLICE STATION, KOLLAM DISTRICT,
PIN- 691 305.
OTHER PRESENT:
SRI.AMJAD ALI SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.4439 OF 2020 2
O R D E R
Dated this the 4th day of August 2020 The applicant has approached this Court for an anticipatory bail under Section 438 of Cr.P.C. The applicant is the 2 nd accused in Crime No.1789/2020 of Punalur Police Station for having allegedly committed offences punishable under Sections 341, 324, 506(i), 427, 308 r/w Section 34 of IPC.
2. The prosecution case in brief is thus:- On 21.06.2020 at about 5.30 p.m. near Vechamb Market Junction of Karavaloor Village, the applicant along with other co-accused due to previous enimity towards the defacto complainant, who had questioned the 1 st accused for dumping meat waste near his meat stall, and also taken photograph of the same, the accused persons assaulted the de facto complainant using a stick and a lever and caused injury which could have proved fatal and thus attempted to commit culpable homicide. The de facto complainant has not sustained any grievious injury. It is stated that the allegations are false and the applicant has no criminal antecedents and therefore he may be releaed on anticipatory bail.
3. Heard the learned counsel for the applicant and the learned Public Prosecutor.
Bail Appl..No.4439 OF 2020 3
4. Admittedly, the applicant does not have any criminal antecedents. It is also pointed out by the learned counsel appearing for the applicant that the de facto complainant is a habitual offender and has numerous crimes registered against him. The injury allegedly caused to the de facto complainant with a lever was by the 1 st accused. Accused 1 and 3 were already arrested. The applicant is willing to co-operate with the investigation. In view of the fact he does not have any criminal antecedents, and that there is no possibility of his absconding, I am inclined to grant a pre arrest bail to the applicant.
5. In the result, the bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks and after interrogation and recovery, in the event of his being arrested, he shall be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the investigating officer and on following further conditions:-
(i) He shall not get involved in any other similar crimes during the currency of the bail.
(ii) He shall appear before the investigating officer as and when called for.
(iii) He shall not attempt to influence the witnesses or tamper Bail Appl..No.4439 OF 2020 4 with evidence.
In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.
Sd/-
ASHOK MENON JUDGE rmm