Gopakumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 Bail Appl.No. 4406 of 2015 -------------------------------------- CRIME NO. 564/2015 OF KASABA POLICE STATION, PALAKKAD ........

PETITIONER(S)/ACCUSED:

-------------------------------------- GOPAKUMAR, AGED 30 YEARS, S/O. GOPALAKRISHNAN, VIDYA NIVAS, THOTTIYAPALLAM, THENARI, ELAPPULLUY, PALAKKAD.

BY ADVS.SRI.K.ANAND SRI.MATHEWS RAJU RESPONDENT(S)/STATE & COMPLAINANT:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, PALAKKAD DISTRICT - 678 001. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4406 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner along with the co-accused is alleged to have committed the offences under Sections 307, 324 and 341 of the Indian Penal Code, 1860. The prosecution case is that the petitioner restrained the victim and the other accused stabbed him with a knife, causing him serious injuries. 3.

Heard.

4.

The very fact that the petitioner restrained the victim to facilitate stabbing by the co-accused shows that he shared the common intention with the co-accused. This is not a fit case to grant anticipatory bail.

In the result, this application is dismissed. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge