Jayan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 Bail Appl..No. 5536 of 2015 -------------------------------------- CRIME NO. 919/2015 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM ..........

PETITIONER(S)/A1-A5:

--------------------------------

1. JAYAN, AGED 39 YEARS, S/O.RAGAHAVAN, KEEZHKOLLA, VATTAVILA P.O., AMARAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM.

2. PRADEEP, AGED 28 YEARS, S/O.SATHYASHEELAN, PARIYELLOR MELEPUTHEN VEEDU, DEVESHWARAM, AMARAVILA P.O., NEYYATTINKARA.

3. JUSTIN, AGED 29 YEARS, S/O.SREEDHARAN, PALLIVILA KEZHKOLLA, VATTAVILA P.O., AMARAVILA, NEYYATTINKARA.

4. SHIJU, AGED 27 YEARS, S/O.MANIYAN, PALLIVIAL VEEDU, VATTAVILA P.O., AMARAVILA, NEYYATTINKARA.

5. SUNIL, AGED 28 YEARS, S/O.DEVADASAN, PERINKALAMPADDU, KEEZHKOLLA, VATTAVILA P.O., AMARAVILA, NEYYATTINKARA.

BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.BREJITHA UNNIKRISHNAN RESPONDENT(S):

-------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5536 of 2015 ------------------------------------------------ Dated this the 6th day of October, 2015.

O R D E R

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioners are accused Nos.1 to 5 in Crime No.919/2015 of Parassala Police Station registered for offences punishable under Sections 143, 147, 148, 149, 341, 326 and 308 I.P.C r/w Section 27 of the Arms Act.

3.

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

4.

Prosecution case, in short, is that the accused persons on account of hostility towards the defacto complainant attacked him on 15-07-2015 at about 8.45 p.m with sword and other sharp weapons causing serious injuries.

5.

Learned counsel for the petitioners submitted that the defacto complainant and others have attacked the petitioners on 15-07-2015 and a crime is registered by Parassala Police as crime No.1054/2015 under Sections 143, 147, 148, 294(B), 323,

B.A No.5536 of 2015 2 324, 341, and 307 r/w Section 34 I.P.C.

6.

Learned Public Prosecutor opposed the bail application. According to the prosecutor's version, the weapons used are dangerous in nature and they are to be recovered. Learned counsel for the petitioners submitted that the petitioners are undergoing treatment in a hospital. Annexure D certificate pertaining to first accused is produced. Learned Public Prosecutor submitted that the first accused is involved in two other cases of the same nature. Therefore, I am not inclined to grant pre-arrest bail to the petitioners. Bail application dismissed.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// P.A to Judge amk