Jigeesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 Bail Appl..No. 4646 of 2015 () ------------------------------- CRIME NO. 529/2015 OF KOYILANDY POLICE STATION, KOZHIKODE. ......

PETITIONER/1ST ACCUSED:

------------------------------------------ JIGEESH, AGED 32 YEARS, S/O.VASU, MUCHUKUNNU P.O., KOYILANDY, KOZHIKODE.

BY ADVS.SRI.A.RAJASIMHAN, SRI.K.NIRMALAN.

RESPONDENT/STATE:

------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.No.4646 of 2015 ------------------------------------------- Dated this the 21st day of August, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is accused of having committed the offences under Sections 143,147,148,149,324,326,308 of IPC.

3.

The prosecution case is that he along with the co-accused assaulted the victim with a sharp edged weapon and an iron rod causing him serious injuries on his hand.

4.

Heard.

5.

The victim sustained fracture of the right thumb and other injuries. Learned counsel submits that the allegation against the petitioner is false. According to him the assailant's name is mentioned as Jitha Jith in the FI Statement and the petitioner is Jigeesh. The case diary shows that Jigeesh is his alias name. The incident happened at 9.00 in the night. The victim went to a hospital and was discharged the next day morning. In the evening he went to the police station to give the FI Statement. Prima facie, the petitioner is involved in the incident. He is an accused in another criminal case. One of the offences in that case falls under Section 326 IPC. I am of the opinion that this not a fit case to grant anticipatory bail.

B.A.No.4646 of 2015 2 In the result, this bail application is dismissed. Learned counsel submits that the petitioner surrender before the investigating officer. He may do so if he is so advised.

K.ABRAHAM MATHEW JUDGE pm