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High Court of KeralaBail Appl./3635/2015dismissed

Yesudasan v. State Of Kerala

2015-07-06Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Bail Appl..No. 3635 of 2015 ------------------------------- CRIME NO. 1226/2015 OF CHAVARA POLICE STATION, KOLLAM DISTRICT. ....

PETITIONER(S)/ACCUSED 1 & 2:

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1. YESUDASAN, AGED 67 YEARS, S/O.SEBASTIAN, SELIN HOUSE, NELESWARAM THOPPU, NEENDAKARA VILLAGE, KOLLAM DISTRICT.

2. SEBASTIAN, AGED 35 YEARS, S/O.YESUDASAN, SELIN HOUSE, NELESWARAM THOPPU, NEENDAKARA VILLAGE, KOLLAM DISTRICT.

BY ADV. SRI.P.V.DILEEP RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.REMA.R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.3635 of 2015 -------------------------------------------- Dated this the 6th day of July 2015

O R D E R

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

2. Petitioners are accused nos.1 and 2 in Crime No.1226 of 2015 of Chavara Police station registered for the offences under Secs.324, 323 and 308 read with Sec.34 of the Indian Penal Code. The prosecution case is that they assaulted the victim with knife and iron rod causing him serious injuries on his head.

3. Heard both sides.

4. The victim sustained lacerated wound on the forehead and scalp. It is seen that the injuries are very extensive. The weapons have so far not been recovered. The petitioners are the grandfather and uncle of the victim. If the petitioners are granted anticipatory bail, recovery of the weapons may not be possible. So I am not inclined to grant their prayer.

In the result, this bail application is dismissed. Learned counsel submits that the petitioners

B.A. No.3635 of 2015 2 will surrender before the investigating officer. They may do so if they are so advised.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge