Joshy v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 Bail Appl..No. 2080 of 2015 () ------------------------------- CRIME NO.188/2015 OF MUNDAKKAYAM POLICE STATION, KOTTAYAM ------------------------- PETITIONER(S)/ACCUSED NO.1 :
---------------------- JOSHY @ VIMALESH, AGED 31 YEARS, S/O. MANY, PULIKKANTHOTTIYIL HOUSE MUNDAKKAYAM VILLAGE, MUNDAKKAYAM P.O.
KANJIRAPPILLY TALUK, KOTTAYAM DISTRICT.
BY ADV. SRI.IEANS.C.CHAMAKKALA RESPONDENT(S)/COMPLAINANT:
------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS
K. ABRAHAM MATHEW, J.
---------------------- Bail Appl. No.2080 of 2015 -------------------------------------------- Dated this the 27th day of May 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is the 1st accused in Crime No.188 of 2015 of Mundakkayam Police station registered for the offences under Secs.308, 323, 324 and 427 read with Sec.34 of the Indian Penal Code. The allegation is that he along with the co-accused assaulted the victim with an iron rod and a piece of wood.
3. Heard both sides.
4. The learned counsel for the petitioner submits that the allegations are false.
5. The wound certificate of the victim shows that he sustained injuries near the neck, on the shoulder and on the leg. There were lacerated wounds. Prima facie, the petitioner has committed the offences alleged against him. Recovery of the weapons has not been effected so far.
6. Having regard to these circumstances, It is not proper to grant him anticipatory bail.
Bail Appl. No.2080 of 2015 2 In the result, the bail application is dismissed. The learned counsel submits that the petitioner will surrender before the investigating officer. He may be do so if he is so advised.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge