Aneesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 Bail Appl..No. 5186 of 2015 () ------------------------------- CRIME NO. 47/2012 OF SASTHAMCOTTA POLICE STATION, KOLLAM ------------------ PETITIONER/ACCUSED NO. 4 :

--------------------------------------------- ANEESH AGED 32 YEARS, S/O.SALIM, CHARUVILA, KAMBALADI MURI PORUVHAZHI VILLAGE.

BY ADVS.SRI.V.JAYAPRADEEP SRI.V.JAYADHAR RESPONDENT/COMPLAINANT :

----------------------------------------------- STATE OF KERALA REP. BY THE C.I OF POLICE, SASTHAMCOTTA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5186 of 2015 -------------------------------------- Dated this the 4th day of September, 2015

ORDER

Petitioner seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure apprehending arrest in Crime No.47of 2012 of Sasthamcotta Police Station. He is involved in offences punishable under Sections 341, 324, 326, 452, 307, 323 and 427 read with Section 34 of the Indian Penal Code. Prosecution case, in short, is that the accused persons with the common intention of attacking the defacto complainant, armed with iron rods, caused injury to the defacto complainant. After hearing the learned counsel for the petitioner and the Public Prosecutor and also on perusal of the order passed by this Court in B.A.No.1113 of 2015, I am of the view that the petitioner is not entitled to get anticipatory bail. However, petitioner shall surrender before the Magistrate having jurisdiction and move for regular bail. In that event, the learned Magistrate shall consider the application as expeditiously as possible on merits.

The application is disposed of.

A. HARIPRASAD, JUDGE.

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