Ismail v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 Bail Appl..No. 1090 of 2015 ------------------------------- CRIME NO. 49/2015 OF POOVAR POLICE STATION, THIRUVANANTHAPURAM. ..........

PETITIONER/1ST ACCUSED:

---------------------------------------- ISMAIL, S/O.KHADER, AGED 30 YEARS, THEKKEPURATH VEEDU, POOVAR, POOVAR VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SRI.G.SUDHEER SMT.N.P.ASHA RESPONDENT/COMPLAINANT:

------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A.No.1090 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the first accused in Crime No.49/2015 of Poovar police station registered for the offences under Sections 326(A) and 323 of Indian penal Code.

3.

The prosecution case is that he assaulted the victim causing loss of the sight of his left eye. 4.

Heard.

5.

The learned counsel submits that the victim had already lost his eye sight long before the incident. But the wound certificate available in the case diary shows that the victim has sustained very serious injuries in the left eye. This makes probable the prosecution case that he was assaulted in the left eye with a weapon. It is not at all proper to grant anticipatory bail to the petitioner. In the result, this application is dismissed. K. ABRAHAM MATHEW JUDGE R.AV