Amal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 Bail Appl..No. 1506 of 2015 -------------------------------------- CRIME NO. 103/2015 OF VAZHAKULAM POLICE STATION, ERNAKULAM ......

PETITIONER(S)/4TH ACCUSED:

-------------------------------------------- AMAL, AGED 21 YEARS, S/O. MOHANA, RESIDING AT VELIYATHUKUNNEL HOUSE, AVOLY KARA, MUVATTUPUZHA VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PINCODE - 686 673.

BY ADV. SRI.T.P.NISHAD KHAN RESPONDENT(S)/STATE:

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1. STATE OF KERALA, REPRESENTED BY PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, INVESTIGATION OFFICER IN CRIME NO 103/2015 OF VAZHAKULAM POLICE STATION, ERNAKULAM DISTRICT.

2. SUB INSPECTOR OF POLICE, VAZHAKKULAM POLICE STATION, MUVATTUPUZHA, ERNAKULAM DIUSTRICT, PIN-686 672 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.1506 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offences under sections 143, 144, 147, 148, 323, 324, 326, 307 read with Section 149 of Indian Penal Code. 3.

The prosecution case is that along with the coaccused he attacked three persons with dangerous weapons causing them very serious injuries.

4.

Heard.

5.

Three persons sustained injuries in the incident. One person sustained four lacerated wound on the scalp, the second one a lacerated wound near the right eye, the third victim had only a swelling. It is evident that dangerous weapons were used to attack the victims. The learned counsel submits that there is no allegation that the petitioner used any weapon. That is immaterial. He joined the other accused in assaulting the victims. Common intention is clear. He is not entitled to anticipatory bail. In the result, this application is dismissed. Learned counsel submits that the petitioner will surrender

B.A. No.1506 of 2015 before the investigating officer. He may do so if he so advised.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge