Nishad v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 Bail Appl. No. 5497 of 2015 () ------------------------------- CRIME NO. 1064/2015 OF CHATHANNOOR POLICE STATION, KOLLAM --------------------------- PETITIONER(S)/ACCUSED (STATUS NOT KNOWN):

---------------------------------------- NISHAD, AGED 24 YEARS, (STATUS NOT KNOWN), S/O. SALAHUDEEN, KOCHUVILA VEEDU MEENADU EAST, CHATHANNOOR, KOLLAM DISTRICT.

BY ADVS.SRI.BINU GEORGE SMT.HEMALATHA RESPONDENT(S)/STATE:

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

BY PUBLIC PROSECUTOR T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.5497 of 2015 -------------------------------------------- Dated this the 21st day of November 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioner is the 2nd accused in Crime No.1064 of 2015 of Chathannoor Police station registered for the offences punishable under Secs.143, 147, 148, 294 (b), 323, 324 and 307 read with Sec.149 of the Indian Penal Code. Prosecution case is that on 16.06.2015 at about 9.50 p.m., the petitioner along with five others formed themselves into an unlawful assembly with dangerous weapons and attacked the defacto complainant with an intention to commit murder in front of a Beverages Corporation shop. The 1st accused used sword and other accused used iron pipe and other lethal weapons.

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

4. Learned counsel for the petitioner submitted that the name of the petitioner was not mentioned in the

Bail Appl. No.5497 of 2015 2 First Information Statement.

5. Learned Public Prosecutor opposed the bail application. It is submitted that the petitioner is involved in three other crimes.

6. I have perused the Case Diary. The materials in the case diary prima facie indicate the involvement of the petitioner in the above crime.

Considering the antecedents of the petitioner and the nature of involvement of the petitioner in other crimes, I am not inclined to grant pre arrest bail to the petitioner.

In the result, the bail application is dismissed. Sd/- A. HARIPRASAD JUDGE / True Copy / NS/21/11/2015 P.A. To Judge