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High Court of KeralaBail Appl./5098/2015disposed of

Sharafudeen v. State Of Kerala

2015-09-01Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 Bail Appl..No. 5098 of 2015 () ------------------------------- CRIME NO. 670/2012 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM ------------------ PETITIONERS/ACCUSED 2 & 3 :

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1. SHARAFUDEEN S/O. MUHAMMED IBRAHIM, AGED 38 YEARS HAJIRA MANZIL (PANTHUVILA VEEDU), VARKALA VARKALA P.O., NADAYARA, POOVANKAL DESOM CHEMMARUTHY VILLAGE, THIRUVANANTHAPURAM DISTRICT.

2. ABDUL SALIM @ SALIM S/O. MUHAMMED IBRAHIM, AGED 50 YEARS LAMEES GARDEN, S.N.PURAM, VARKALA, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE AND COMPLAINANT :

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

2. SUB INSPECTOR OF POLICE VARKALA POLICE STATION, THIRUVANATHAPURAM DISTRICT-695 004.

R1 & R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

------------------------------------------------ B.A.No.5098 of 2015 ------------------------------------------------- Dated this the 1st day of September, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioners are accused 2 and 3 in Crime No.670 of 2012 of Varkala Police Station registered for the offences punishable under Sections 143, 147, 148, 149, 308, 324 and 452 of the Indian Penal Code r/w Section 27 of the Arms Act.

3.

Prosecution case is that due to previous enmity the accused formed themselves into an unlawful assembly and trespassed into the house of the de facto complainant on 19.06.2012 at about 09.45 p.m., and assaulted the de facto complainant with iron pipe and sword stick causing serious injuries.

4.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

5.

Learned counsel for the petitioners submitted that a final report has been filed in this matter. 6.

Learned Public Prosecutor opposed the bail application contending that there are serious allegations

B.A.No.5098 of 2015 against the petitioners of committing overtacts. It is also submitted that they used sword stick and iron pipe to assault the victim.

7.

Considering the nature of allegations and the fact that these accused did not surrender either before the Investigating Officer or before the court earlier, I am of the view that they are not entitled to get anticipatory bail.

If the petitioners surrender before the Investigating Officer within a period of 'two weeks' from today, the Investigating Officer shall, after interrogation, produce them before the learned magistrate having jurisdiction. If they move an application for regular bail before the Court below, it shall consider the matter on merit and dispose of the application as expeditiously as possible. Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge