High CourtsSingle Bench(2022) 06 KL CK 0093

Gopalakrishnan vs State Of Kerala

High Court Of Kerala · Decided on 8 June 2022

HON’BLE JUDGES
Viju Abraham, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 4144 Of 2022

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

12 paragraphs · 367 words

Viju Abraham, J

1.

This is an application for bail.

2.

Petitioner is the accused in Crime No.313 of 2022 of Ottapalam Police Station, alleging commission of offences punishable under Sections 341 and 326 of the Indian Penal Code.

3.

The prosecution case is that on 13.05.2022 at 20.00 hours, at Kavalappara the accused out of the animosity towards defacto complainant pushed him down. Thereafter, the accused caused injuries to the left hand finger of the defacto complainant. Thereafter the accused wrongfully restrained defacto complainant and hit on the head of defacto complainant with iron pot and thereby the petitioner committed the aforesaid offences.

4.

Learned counsel for the petitioner submitted that the petitioner is in custody from 15.05.2022 onwards and he has no other criminal antecedents.

5.

Learned Public Prosecutor opposed the bail application and submitted that the injuries suffered by the defacto  complainant  is  very  serious.Learned  Public Prosecutor also submitted that petitioner has no other criminal antecedents and charge Is already laid on 25.05.2022.

6.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 15.05.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.313 of 2022 of Ottapalam Police Station as and when called for.

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.313 of 2022 of Ottapalam Police Station.

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.313 of 2022 of Ottapalam Police Station may file an application before the jurisdictional court, for cancellation of bail.