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High Court of KeralaBail Appl./2680/2015dismissed

Krishnalal v. State Of Kerala

2015-05-22Honourable Mr. Justice K.Abraham Mathew2 pages

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. 2680 of 2015 () ------------------------------- CRIME NO. 402/2015 OF NJARAKKAL POLICE STATION, ERNAKULAM DISTRICT ------------------------ PETITIONER(S)/ACCUSED :

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1. KRISHNALAL, AGED 45 YEARS S/O.PEETHAMBARAN, PANIKKASSERY HOUSE, NJARAKKAL P.O. ERNAKULAM.

2. DHANESH, AGED 35 YEARS S/O.SATHEESH CHANDRAN, PANIKKASSERY HOUSE NJARAKKAL P.O., ERNAKULAM.

BY ADV. SRI.A.L.GEORGE RESPONDENT/COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. STATION HOUSE OFFICER NJARAKKAL POLICE STATION, NJARAKKAL, 682505.

R1 & R2 BY PUBLIC PROSECUTOR SRI. SREEJITH V.S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

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B.A. No.2680 of 2015 ............................................... Dated this the 22nd day of May, 2015

O R D E R

Petitioners are accused 1 and 2 in Crime No. 402 of 2015 of Njarakkal Police Station registered for the offences under sections 143, 147, 148, 149, 323, 324, 341 and 506 of IPC. The prosecution case is that the petitioners along with the coaccused armed with deadly weapons formed themselves into an unlawful assembly and assaulted the victim with the weapons causing fracture of his nasal bone.

2. Heard

3. The wound certificate of the victim proves that he sustained fracture of the nasal bone. Prima facie the prosecution case that he was assaulted with an "iron block" appears to be true. The weapon has not yet been recovered; if the petitioners are granted anticipatory bail recovery will be impossible. So I am not inclined to grant their prayer. In the result the application is dismissed.

Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. o Judge