Antony v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Bail Appl..No. 4112 of 2015 () ------------------------------- CRIME NO. 707/2015 OF MALA POLICE STATION, TRISSUR DISTRICT -------------- PETITIONER/ACCUSED :

--------------------------------- ANTONY, AGED 50 YEARS, S/O.OUSEPH, KACHAPPILLY, KUZHURPARAPPURAM, KUZHUR P.O., KAKKULASSERY VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.

BY ADVS.SRI.A.JAYASANKAR SRI.C.V.MANUVILSAN SRI.MANU GOVIND RESPONDENT/RESPONDENT :

------------------------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MALA POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLAA 682 031.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

-------------------------- B.A. No.4112 of 2015 -------------------------------------------- Dated this the 11th day of August 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is accused in Crime No.707 of 2015 of Mala Police station registered for the offences under Secs.294(b), 308, 324 and 341 of the Indian Penal Code. The prosecution case is that at 7.35 p.m. on 01.07.2015 the petitioner stabbed the victim with a knife several times.

3. Heard both sides.

4. Learned counsel submits that the story narrated by the prosecution is false. According to the petitioner it was the first informant who attempted to assault the petitioner and the latter attempted to snatch the knife from the first informant and in the process, the first informant sustained injuries. The victim sustained several stab injuries.

5. The nature of the injuries do not justify the submission of the learned counsel that the victim

B.A. No.4112 of 2015 2 sustained injuries accidentally. The knife has not been recovered. Having regard to these facts, I am not inclined to grant the prayer of the petitioner.

In the result, the bail application is dismissed. Learned counsel submits that the petitioner will surrender before the investigating officer. He may do so if he is so advised.

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