K.T.James v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 Bail Appl..No. 4327 of 2015 () ------------------------------- CRIME NO. 189/2015 OF SANTHANPARA POLICE STATION, IDUKKI DISTRICT. ......

PETITIONERS/ACCUSED NOS.1 & 2:

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1. K.T. JAMES, AGED 64 YEARS, S/O.THOMAS, KARAKKATT HOUSE, MUKKUDIL P.O., UDUMBANCHOLA, IDUKKI DISTRICT.

2. BAIJU, AGED 46 YEARS, S/O.JOSEPH, NELLANIKKATTU HOUSE, MUKKUDIL P.O., UDUMBANCHOLA, IDUKKI DISTRICT.

BY ADVS.SRIA.RAJESH, SRI.MANU TOM.

RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.REMA. R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4327 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioners are alleged to have committed the offences under Sections 143, 147, 148, 447, 324, 308, 427 and 149 of the Indian Penal Code.

3.

The prosecution case is that they along with the co-accused armed with deadly weapons like chopper attacked the victims, 6 in number, causing them serious injuries.

4.

Heard.

5.

It is submitted by the learned Public Prosecutor that the first petitioner has already been arrested. 6.

The earlier application filed by the petitioners and some other accused was partly allowed by this court . The prayer of the petitioners was rejected. The learned counsel submits that the petitioners could get copy of the First Information Report in the counter case only after the disposal of the earlier application. That is not a subsequent

B.A. No. 4327 of 2015 development which can be taken notice for the purpose of the second application. This second application is not maintainable.

In the result, this application is dismissed. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge