Shibu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Bail Appl..No. 2261 of 2015 () ------------------------------- CRIME NO. 196/2015 OF PETTAH POLICE STATION , THIRUVANANTHAPURAM DISTRICT -------------- PETITIONERS/A2 AND A3:

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1. SHIBU, AGED 39 YEARS, S/O BABU, MUDUMPIL VEEDU, ANAYARA P.O., CHACKAI, THIRUVANANTHAPURAM.

2. ANITHA, AGED 29 YEARS, W/O SHIBU, AATTUVARAMBATHU VEEDU, ANAYARA P.O., CHACKAI, THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT/STATE:

----------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PETTAH POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

--------------------------- Bail Appl. No.2261 of 2015 -------------------------------------------- Dated this the 2nd day of June 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioners apprehend that they will be arrested by the Police on the allegation that they assaulted the first informant and another person with dangerous weapons causing fracture of his several bones.

3. Heard both sides.

4. Learned Public Prosecutor submits that the 2nd petitioner is not an accused in this case.

5. The wound certificate of the first informant shows that he sustained atleast eight fractures. All were on the head. His nasal bone, maxilla etc. were broken. This makes probable the prosecution case that he was mercilessly attacked by a weapon which is said to be a stone. It is not proper to grant anticipatory bail to the 1st petitioner.

In the result this bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE NS