Biju N.K v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Bail Appl..No.2476 of 2015 ------------------------------------- CRIME NO.455/2015 OF PUTHENCRUZ POLICE STATION,ERNAKULAM. ..

PETITIONER/ACCUSED:

----------------------------------- BIJU N.K,S/O.N.S.KUMARAN,AGED 36 YEARS, VEDIYANICKAL HOUSE,VADAYAMPADY, AIKKARANADU SOUTH VILLAGE,VADAYAMPADY P.O, KUNNATHUNADU TALUK,ERNAKULAM DISTRICT-682308 BY ADV.SRI.P.M.ZIRAJ RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA,REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, THROUGH SUB INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION,ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

K. ABRAHAM MATHEW, J.

==================== B.A. No. 2476 of 2015 ==================== Dated this the 5th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. The petitioner is alleged to have committed the offences under sections 325 and 307 IPC. The prosecution case is that he assaulted the victim, causing fracture of his nasal bone and severe injury to his intestine.

3. Heard.

4. Learned counsel submits that the prosecution has no case that the petitioner used any weapon and no recovery is to be effected. That alone cannot be a ground to grant anticipatory bail. The facts of the case indicate that the victim was cruelly assaulted by the petitioner. I do not find any reason to grant him anticipatory bail.

In the result, this application is dismissed. Learned counsel submits that the petitioner will surrender before the Investigating Officer, he may do so if he is so advised. Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge