Sebastian v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 Bail Appl..No. 3371 of 2015 () ------------------------------- CRIME NO. 1031/2014 OF THEKKUMBHAGOM POLICE STATION, CHAVARA, KOLLAM DISTRICT ----------- PETITIONER(S)/ACCUSED NOS.2 & 3:
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1. SEBASTIAN,AGED 32 YEARS, S/O.BERNAD, SEBASTIAN DALE, PERINAD P.O., THRIKKADAVOOR, KOLLAM.
2. VISHNU PRAMOD, AGED 32 YEARS, S/O.VISHNU PRASAD, THEKKEDATHU HOUSE, MATHILIL P.O., KOLLAM.
BY DR.K.P.SATHEESAN,SENIOR ADVOCATE ADVS. SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN RESPONDENT(S)/STATE & COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. THE SUB INSPECTOR OF POLICE, THEKKUMBHAGOM POLICE STATION, CHAVARA, KOLLAM DISTRICT, PIN. 691 584.
BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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K.HARILAL, J.
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B.A.No. 3371 of 2015 ........................................
Dated this the 18th day of June, 2015
ORDER
This is an application filed under Section 438 of the Code of Criminal Procedure.
2.The petitioners are accused Nos.2 and 3 in Crime No.1031 of 2014 of Thekkumbhagom Police Station, Chavara, Kollam District. The above crime is registered against the petitioners alleging the offences punishable under Sections 143, 147, 148, 294(b), 323, 324 and 308 read with Section 34 of the Indian Penal Code.
3.The prosecution case in brief is that on 18.08.2014 at about 8 p.m., the petitioners along with two others attempted to manhandle the de facto complainant who was talking on the side of a public road with another person. The petitioners used stick and iron rod for attacking the de facto complainant.
4.Though, this application is filed seeking anticipatory bail, the learned counsel for the petitioners himself admits that final report under Section 173(2) has already been filed before the
B.A.No. 3371 of 2015 Judicial First Class Magistrate Court, Chavara as C.P.No.10 of 2015. The learned counsel for the petitioners further submits that in view of the submission of the final report, the court below may be directed to dispose the application for bail on the same day itself, in case the petitioners surrenders before the court below.
5.The learned Public Prosecutor also submits that, the final report, has been filed as submitted by the learned counsel for the petitioners.
In view of the present stage of the case, the court below is directed to consider the regular bail application, in case, the petitioners file an application for the same, and dispose the application on the date of surrender itself.
Sd/- K.HARILAL, JUDGE.
AMV/18/06/ /TRUE COPY/ P.A.TO JUDGE