Kerala High Court
Gopakumar vs State Of Kerala on 18 May, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 18TH DAY OF MAY 2018 / 28TH VAISAKHA, 1940
Bail Appl..No. 3250 of 2018
CRIME NO. 610/2018 OF PUTHOOR POLICE STATION , KOLLAM DISTRICT
PETITIONER(S)/ACCUSED (IN CUSTODY):
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GOPAKUMAR, AGED 36,
S/O. GOPALAKRISHNAN, KANIYAPOIKAYIL VEEDU,
NEAR KANIYAPOIKAYIL TEMPLE, PUTHOOR,
KOLLAM DISTRICT-691 507.
BY ADV.SRI.LIJU. M.P
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE,
PUTHOOR POLICE STATION, KOLLAM DISTRICT.
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031.
BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-05-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
dlk/18/5/18
SUNIL THOMAS, J.
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B. A. No. 3250 of 2018
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Dated this the 18th day of May, 2018
ORDER
The petitioner is the sole accused in Crime No.610/2018 of Puthoor Police Station for offences punishable under Sections 294(b), 506(1), 326(A) and 308 of IPC.
2. It is alleged by the prosecution that the petition herein, who is the neighbour of the de facto complainant, picked up a quarrel with the husband of the de facto complainant on 14.04.2018 at 11.00 p.m. in front of the house of the petitioner herein. It is alleged that the petitioner herein sprinkled acid on the body of the husband of the de facto complainant, which injured the husband as well as his brother. Both were rushed to the hospital and crime was registered. The petitioner was arrested on 15.04.2018 and is in custody since then. He seeks bail.
3. Opposing the application, the learned Public Prosecutor pointed out that it is a case of attack with acid which injured two persons. However, the materials on record indicates that the parties are neighbours and there was some dispute between the parties. It appears that the incident arose on the spur of a moment. The investigation has substantially progressed. The acid seems to be one used in rubber industries. Having considered these facts, I am inclined to grant bail to the petitioner herein. B. A. No. 3250 of 2018 2
Hence, the bail application is allowed on the following conditions:
(i) Petitioner shall execute a bond for a sum of b960,000/- (Rupees sixty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.
(ii) He shall appear before the Investigating Officer on all Mondays and Fridays between 9.00 a.m. and 10.00 a.m. for a period of three months or till the final report is filed, which ever is earlier.
(iii) Except for the compliance of the above conditions or for appearance in a court of law where his appearance is mandatory, he shall not enter the limits of Puthoor Police Station for a period of two months from the date of his release. However, in case of extreme emergency, he may enter the limits with the prior permission in writing of the jurisdictional court in this crime.
(iv) He shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall he interfere in the process of investigation.
Sd/-
SUNIL THOMAS, JUDGE.
/true copy/ P. A. to Judge Pn