Sreejith. K.K vs State Of Kerala Represented By The ...
2021 Latest Caselaw 9668 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                     Crl.MC.No.68 OF 2021(G)

AGAINST THE ORDER/JUDGMENT IN CRL.MC 1235/2020 OF SESSIONS COURT,
                            KOZHIKODE

      CRIME NO.668/2020 OF ATHOLY POLICE STATION, KOZHIKODE


PETITIONER/DEFACTO COMPLAINANT:

             SREEJITH. K.K, AGED 40 YEARS,
             S/O. SREEDHARAN NAIR, KELOTH KUNIYIL HOUSE,
             ULLIERY PO, ATHOLY, KOZHIKODE RURAL,
             KERALA-673 315.

             BY ADVS.
             SMT.K.K.PREETHA
             SRI.R.K.PRASANTH

RESPONDENTS/STATE/ACCUSED:

      1      STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.

      2      JAYAKRISHNAN K., AGED 28 YEARS,
             S/O. JINACHANDRAN, KELOTH HOUSE, PO ULLIYERI,
             KOZHIKODE DISTRICT-673315.

             R2 BY ADV. SRI.SUNNY MATHEW


             PUBLIC PROSECUTOR SRI.RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD         ON
23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.68 OF 2021(G)              2




                                ORDER

Paragraph 7 of the order granting anticipatory

bail to the accused by the Sessions Court is

extracted below for reference:

"7. A copy of the wound certificate is produced by the Investigating officer showing that the defacto complainant has suffered only abrasions and bruises on nape of neck, possibly due to nail injury while trying for throttling. No injury is seen suffered as stated by the prosecution in the medical report. Except the offence under Section 308 IPC, all other offences are bailable. The custodial interrogation of the accused is required for the seizure of the sharp edged weapon. But there is no injury showing that the knife was involved in the incident. The wound is only a nail abrasion. So the custodial interrogation of the accused is not required. Hence the petition is allowable."

2. Annexure A4 wound certificate says

otherwise and discloses an incised wound in left

renal ankle of size 5 x 6x 6 cm. It is not clear

on what basis the Sessions Judge made such

observations that the defacto complainant suffered

only abrasions and bruises possibly due to nail

injury. It is so unfortunate that while dealing

with a bail application, especially an application

for anticipatory bail, such a clandestine approach

was adopted by the Sessions Judge. She has also

committed another grave mistake overlooking the

wound certificate and observed that no custodial

interrogation is necessary for the seizure of any

sharp edged weapon and that there is no injury to

show user of any knife. The opinion as to cause

of injury noted in the wound certificate is

"alleged h/o stab injury". The history and

alleged cause of injury noted in the wound

certificate is "stab injury following argument

with neighbour". Inspite of these entries in the

wound certificate, the learned Sessions Judge

observed that the wound is only a nail abrasion

and that there is no injury showing involvement of

a knife and hence custodial interrogation of the

accused is not required. As against the wound

certificate, a false statement is seen

incorporated by the Sessions Judge so as to grant

anticipatory bail to the petitioner. This would

prima facie show what is behind it. There is

gross negligence and glaring defects in the order

passed by the Sessions Judge. For securing the

ends of justice, the order granting anticipatory

bail to the accused is hereby set aside and the

bail application will stand dismissed.

Crl.M.C. is allowed accordingly.

The Registry shall forward a copy of this

order to the Judge in charge of the District.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A1 CERTIFIED COPY OF THE ORDER DATED 19.11.2020 IN CRL.M.C.NO.1235/2020 ON THE FILES OF THE SESSIONS COURT, KOZHIKODE.

ANNEXURE A2 TRUE COPY OF THE FIR IN CRIME NO.668/2020 OF ATHOLI POLICE STATION DATED 14.11.2020.

ANNEXURE A3 TRUE COPY OF THE CT SCAN REPORT ISSUED BY THE RADIOLOGY DEPARTMENT DATED 13.11.2020.

ANNEXURE A4 TRUE COPY OF THE WOUND CERTIFICATE DATED 13.11.2020 ISSUED TO THE PETITIONER.

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE