Hiran Ashok vs State Of Kerala
2021 Latest Caselaw 23739 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE SHIRCY V.
    TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        BAIL APPL. NO. 8639 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 2106/2021 OF I ADDITIONAL DISTRICT
                             COURT, ERNAKULAM
   CRIME NO.772 OF 2021 OF UDAYAMPEROOR POLICE STATION, ERNAKULAM
                                  DISTRICT


PETITIONER/ACCUSED :-

            HIRAN ASHOK
            AGED 22 YEARS
            S/O.ASOKAN, KOCHUPURACKAL HOUSE,
            UDAYAMPEROOR P.O., ERNAKULAM

            BY ADVS.
            K.R.VINOD(V-167)
            M.S.LETHA
            K.S.SREEREKHA


RESPONDENT :-

            STATE OF KERALA
            REP.BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM 682 031


            SRI.NOUSHAD.K.A- SR.PP


     THIS   BAIL    APPLICATION   HAVING     COME   UP   FOR   ADMISSION   ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8639 OF 2021
                                    2



                                ORDER

The petitioner who is the sole accused in Crime No.772 of

2021 of Udayamperoor Police Station, Ernakulam District registered

for the offences punishable under Sections 341, 326 and 324 of the

Indian Penal Code, has moved this application apprehending arrest

under Section 438 of the Code of Criminal Procedure.

2. The prosecution allegation is that on 29.09.2021 at about

08.00 pm this petitioner has wrongfully restrained the defacto

complainant and beaten him with a hockey stick causing fracture to

his nasal bone. The friend of the defacto complainant who was along

with him was also manhandled by the petitioner. Thereby, he has

committed the aforesaid offences.

3. Heard the learned counsel for the petitioner as well the

learned Public Prosecutor.

4. The learned Public Prosecutor has submitted that now the

investigation of the case is well in progress. It is further reported that

this petitioner is having no criminal antecedents. BAIL APPL. NO. 8639 OF 2021

This petitioner is aged only 22 years having no criminal

antecedents. As the investigating agency did not require the

presence of this petitioner in custody for interrogation, I think that his

request for pre-arrest bail can be considered as prayed for.

Therefore, this bail application is allowed subject to the following

conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of his arrest.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not commit any offence while on bail.

(iv) The petitioner shall co-operate with the trial of the case.

In case of violation of any of the above conditions, the

learned Magistrate is empowered to cancel the bail in accordance

with the law. Sd/-

SHIRCY V., JUDGE SMA