Rafeek K. 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. 5031 of 2015 () ------------------------------- CRIME NO. 564/2015 OF PERINGOME POLICE STATION, KANNUR DISTRICT. ......

PETITIONERS/ACCUSED NO. 1 TO 4, 6 AND 7:

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1. RAFEEK K., S/O. HAFEES, AGED 32 YEARS, KOLAYATH HOUSE, ETTUKUDUKKA P.O., KANNUR DISTRICT.

2. P.P. RAVI, S/O. NARAYANAN, AGED 37 YEARS, PUTHIYAPURAYIL HOUSE, PEROOL KIZHAKKEKARA, MATHAMANGALAM, KANNUR DISTRICT.

3. ANEESH. K., S/O. KUNJIKRISHNAN, AGED 37 YEARS, KOKKODAN HOUSE, PARATHODU, MATHAMANGALAM, KANNUR DISTRICT.

4. MUKESH V.V., S/O. LAKSHMANAN P.V, AGED 25 YEARS, VIRAKAN VALAPPIL HOUSE, PURAKUNNU P.O, KANNUR DISTRICT.

5. BIDHEESH, S/O. BALAN, AGED 28 YEARS, THAZHATHUVALAPPIL HOUSE, PEROOL KIZHAKKEKKARA, KANNUR DISTRICT.

6. SUBASH K.V., S/O. BALAN, AGED 28 YEARS, KOLIVEETTIL HOUSE, MOODENGA, PANAPPUZHA, MATHAMANGALAM, KANNUR DISTRICT.

BY ADV. SRI.I.V.PRAMOD.

RESPONDENT/COMPLAINANT/STATE:

--------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031. BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y.

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.5031 of 2015 -------------------------------------------- Dated this the 21st day of August 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners are accused in Crime No.564 of 2015 of Peringome Police station registered for the offences under Secs.143, 147, 148, 307, 323, 324 and 326 read with Sec.149 of the Indian Penal Code. The prosecution case is that on account of political enmity, they assaulted the victim with knifes, sticks and stones causing him very serious injuries.

3. Heard both sides.

4. The victim sustained injuries including incised wound. There was amputation and bones of both legs were fractured.

5. Learned counsel submits that though the petitioners and the victim belong to the same locality, in the First Information Statement, the names of the assailants are not mentioned. It is seen from the First

B.A. No.5031 of 2015 2 Information Statement that the victim did not know the names of the assailants. But the description of the assailants are given.

6. The facts do not justify granting anticipatory bail.

In the result, the bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge