High Court of KeralaBail Appl./3868/2015disposed of

Abijith v. State Of Kerala

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

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Bail Appl..No. 3868 of 2015 () ------------------------------- CRIME NO. 188/2015 OF NENMARA POLICE STATION, PALAKKAD DISTRICT ------------------- APPLICANT/ACCUSED NO.3 :

------------------------------------------- ABIJITH, AGED 19 YEARS S/O.KANNANKUTTY, CHETTIYARKADU VEEDU, CHERAMANGALAM, MELARKKODE, ALATHUR, PALAKKAD BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

------------------------------- B.A. Nos.3868 of 2015 -------------------------------------- Dated this the 7th day of July, 2015

O R D E R

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

2. Petitioner is the 3rd accused in Crime No.188 of 2015 of the Nenmara Police station registered for the offences under Secs.143, 147, 148, 341, 323, 324, 308, 294(b) and 506(ii) read with Sec.34 of the Indian Penal Code. The prosecution case is that on 05.02.2015 at 2.00 p.m., the petitioner along with the co-accused armed with deadly weapons formed themselves into an unlawful assembly and wrongfully restrained the defacto complainant and assaulted him with dangerous weapons.

3. Heard both sides.

4. The earlier application filed by the petitioner was dismissed by this court. There has been no subsequent development in this case. So this bail application cannot be entertained. The learned magistrate may either allow or dismiss the application that may be filed by the petitioner under Sec.437 Cr.P.C.

B.A. Nos.3868 of 2015 He may take into consideration the tender age of the petitioner.

The bail application is disposed of as above. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge