Kerala High Court

Bail Appl./11505/2023 of SANDHEEP KUMAR.R Vs STATE OF KERALA on 29 December 2023

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 BAIL APPL. NO. 11505 OF 2023 CRIME NO.1131/2023 OF Pozhiyoor Police Station, Thiruvananthapuram PETITIONER/ACCUSED: SANDHEEP KUMAR.R AGED 31 YEARS S/O RAJAN,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR

FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945

BAIL APPL. NO. 11505 OF 2023

CRIME NO.1131/2023 OF Pozhiyoor Police Station, Thiruvananthapuram PETITIONER/ACCUSED:

SANDHEEP KUMAR.RAGED 31 YEARSS/O RAJAN, PULIYARA VEEDU, PLAMOOTTUKADA P.O., PLAMOOTTUKADA, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695122

BY ADV LATHEESH SEBASTIAN

RESPONDENT/STATE & COMPLAINANT:

STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

SMT.T.V.NEEMA, SR.PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON29.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.PRATHEEP KUMAR, J.-------------------------------------- Bail Application No.11505 OF 2023------------------------------------------ Dated this the 29[th] day of December, 2023

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ORDER

This is an application for regular bail filed under Section 439 Cr.P.C by theaccused involved in Crime No.1131/2023 of Pozhiyoor Police Station. Theoffences alleged against the petitioner are under Sections 294(b), 308, 323, 341 ofIPC.

2. The Prosecution case is that on account of prior animosity of theaccused towards the defacto complainant, on 05.11.2023 at about 2.30 P.M whilethe defacto complainant was driving an autorickshaw, he obstructed theautorikshaw and kicked down the defacto complainant from the autorikshaw andalso kicked on the abdomen of the defacto complainant. It is further alleged thatthe accused assaulted the defacto complainant by using a chopper aiming on thehead, which when evaded, caused injury on the head, requiring three stitches. Theaccused is in custody since 20.11.2023.

3. According to the learned counsel for the accused, this is a false casefoisted against him and also that he isinnocent.

4. On the other hand, the learned Public Prosecutor opposed the bailapplication. She would submit that as per the report, there is no criminalantecedents against the petitioner.

On the other hand, the learned Public Prosecutor opposed the bail Considering the fact that the petitioner is in custody since 20.11.2023 and there is no other criminal cases against him, I am inclined to allow this application,subject to the following conditions :-

(i) The petitioner is released on bail on executing bond forRs.50,000/- (fifty thousand only) with two solvent sureties forthe like sum to the satisfaction of the Court below.

(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the finalreport is filed or till the end of January, 2024, whichever isearlier.

(iii) The petitioner shall co-operate with the investigation. He SAS

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shall not intimidate or influence the witnesses or tamper withthe evidence.

Sd/-

C.Pratheep Kumar Judge

BAIL APPL. NO. 11505 OF 2023

APPENDIX OF BAIL APPL. 11505/2023

PETITIONER’S ANNEXURESAnnexure 1TRUE CITIZEN COPY OF THE FIR IN CRIME NO.1131/2023 OF POZHIYOOR POLICE STATION

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