Anoop v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 Bail Appl..No. 5223 of 2015 ------------------------------------- CRIME NO. 1157/2014 OF VIZHINJAM POLICE STATION , THIRUVANANTHAPURAM ----------------------- PETITIONERS A1 & A4:

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1. ANOOP, AGED 19 YEARS, S/O. SASEENDRAN, AYANIVILA VEEDU, KAKKAMOOLA VENGANOOR, KALLIYOOR, THIRUVANANTHAPURAM.

2. KISHORE, AGED 20 YEARS, S/O. SIVARAJAN, KISHORE BHAVAN, THERIVILA, VAVVAMOOLA, NELIVILA P.O., VENGANOOR, THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS/STATE:

--------------------------------- STATE OF KERALA, REPRESENTED THROUGH THE SUB-INSPETOR OF POLICE, VIZHINJAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

==================== B.A.No.5223 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioners are the 1st and 4th accused in Crime No.1157 of 2014 of Vizhinjam Police Station, registered for the offences punishable under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code.

3.

The prosecution case in short is that on 27.08.2014, at about 8.30 in the night, the accused persons with the common intention of causing hurt to the de facto complainant's son attacked him with a cricket stump causing fracture on mandible and wrist.

4.

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

5.

Learned counsel for the petitioner contended that was an altercation in connection with playing cricket and the petitioners are innocent of all the allegations. 6.

Considering the materials in the case diary against the petitioners, I am not inclined to grant anticipatory bail to the

B.A.No. 5223of 2015 -: 2 :- petitioners.

In the result this application is dismissed. If the petitioners surrender before the Investigating Officer and submit themselves for interrogation, they shall be produced before the Magistrate having jurisdiction, after questioning, on the same day. If they move for regular bail before the Magistrate, the application shall be considered on merits as expeditiously as possible. Sd/- A. HARIPRASAD, JUDGE DST //True copy// P.A. To Judge