Suresh Vs State of Kerala

High Court Of Kerala 15 Jul 2010 Bail Appl.. No. 3796 of 2010 () (2010) 07 KL CK 0035
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Appl.. No. 3796 of 2010 ()

Hon'ble Bench

K. Hema, J

Advocates

T.A. Unnikrishnan, for the Appellant; Public Prosecutor, for the Respondent

Final Decision

Allowed

Acts Referred
  • Penal Code, 1860 (IPC) - Section 294, 307, 324

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

K. Hema, J.@mdashThis petition is for bail.

2. The alleged offences are under Sections 307, 324, 294(b) of Indian Penal Code. According to prosecution, Petitioner used to tease the niece of de facto complainant. This was objected to by de facto complainant. On 09/05/2010, Petitioner attacked de facto complainant with wooden log and inflicted injuries. When the niece intervened, she was also beaten with wooden log and serious injuries were inflicted.

3. Petitioner was arrested on 11/05/2010 and he is in custody for the past 65 days. Learned Counsel for Petitioner submitted that the hit aimed at the de facto complainant unintentionally fell on his niece.

4. Learned Public Prosecutor submitted that Petitioner attacked de facto complainant while the niece intervened and she was also beaten by Petitioner. She is a girl aged 15 years who sustained fracture to the skull. The Incident happened since de facto complainant used to raise objection in Petitioner teasing his niece who is injured. However, taking into consideration the period of detention and the stage of investigation, this petition is not opposed. But, stringent condition may be imposed while granting bail, it is submitted.

5. On hearing both sides and on consideration of the stage of investigation, I think, bail can be granted on conditions. Hence the following order is passed:

Petitioners shall be released on bail on his executing a bond for Rs. 50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions:

i) Petitioner shall report before the Dy.S.P, Kattappana on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M.

ii) Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition No. 1.

iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence.

iv) In case, Petitioner is involved in any similar offence, bail is liable to be cancelled.

This petition is allowed.

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