H. Ameer Hussain v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 Bail Appl..No. 5413 of 2015 () ------------------------------- CRIME NO. 552/2015 OF BEKAL POLICE STATION, KASARGOD DISTRICT -------------- PETITIONER/ACCUSED :

--------------------------------- H. AMEER HUSSAIN @ AMEER, AGED 53 YEARS, HM HOUSE, MUTHIYAKKAL, BEKAL P.O., PALLIKKARA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADVS.SRI.SURESH KUMAR KODOTH SMT.HEMALATHA SRI.K.P.ANTONY BINU RESPONDNET/STATE :

------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

------------------------------------------------ B.A.No.5413 of 2015 ------------------------------------------------- Dated this the 1st day of October, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.552 of 2015 of Bekal Police Station registered for the offences punishable under Sections 324 and 307 of the Indian Penal Code.

3.

Prosecution allegation against the petitioner is that on 08.08.2015 at about 07.20 p.m., the petitioner attempted to commit murder of the de facto complainant by stabbing him with a knife on his neck and thus committed the said offences. The petitioner was arrested on 14.08.2015.

4.

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

5.

Learned counsel for the petitioner submitted that the petitioner is innocent of all the allegations. Considering the nature injury sustained by the victim

B.A.No.5413 of 2015 and the the fact that final report was filed in this case on 28.09.2015, I am not inclined to grant bail to the petitioner. Petitioner is free to move either before the committal court or the court to which the matter is committed for bail and the court shall, untrammelled by the observations, consider the bail application as expeditiously as possible.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge