Anilkumar @ Madhu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 Bail Appl..No. 2508 of 2015 ---------------------------------------- CRIME NO. 388/2015 OF NILAMBUR POLICE STATION, MALAPPURAM DISTRICT -------------------- PETITIONER(S)/APPLICANT/ACCUSED:-:
------------------------------------------------------------------ ANILKUMAR @ MADHU, AGED 50 YEARS S/O.KESAVAN, PADUKANI HOUSE, CHAKKALAKUTH, NILAMBUR P.O., MALAPPURAM DISTRICT.
BY ADVS.SRI.P.VENUGOPAL (1086/92) SMT.T.J.MARIA GORETTI RESPONDENT(S)/COMPLAINANT :
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING S.I. OF POLICE, NILAMBUR POLICE STATION - CRIME NO:388/2015). * ADDITIONAL R2 IMPLEADED
2. SURESH KUMAR, S/O.KUMARAN, MANGATTUTHODIKA HOUSE, NILAMBUR P.O., MALAPPURAM.
* IS IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED 22.05.2015 IN CRL.M.A.NO.4810 OF 2015.
R1 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH ADDL.R2 BY ADV. SRI.P.BABU KUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K.ABRAHAM MATHEW, J.
------------------------------------------- B.A.No.2508 of 2015 ------------------------------------------- Dated this the 22nd day of May, 2015
ORDER
Petition filed under Section 438 Cr.P.C.
2.
Petitioners are accused in Crime No.388 of 2015 of Nilambur Police Station registered for the offences under Sections 326 and 506(1) of IPC.
3.
The allegation is that he assaulted the victim with an iron road causing fracture of his right ulna. Learned counsel submits that the allegation is false.
4.
Heard the learned counsel for the petitioner and the second respondent and the learned Public Prosecutor. 5.
The records of the hospital prove that the 2nd respondent victim sustained fracture of the right ulna. The injuries prima facie justifies the allegation that he was assaulted with an iron road. The weapon has not been recovered so far. It is not at all proper to grant anticipatory bail to the petitioner.
In the result, this application is dismissed. K.ABRAHAM MATHEW JUDGE pm