Prasad v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 Bail Appl..No. 5597 of 2015 () ------------------------------- CRIME NO. 1260/2015 OF PALAKKAD TOWN NORTH POLICE STATION. .......

PETITIONERS/ACCUSED 1 TO 4:

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1. PRASAD, S/O. PURUSHOTHAMAN, AGED 34 YEARS, KANAKA NIVAS, S.N. COLONY, VADAVANTHARA P.O., PALAKKAD.

2. PRADEEP, S/O.PURUSHOTHAMAN, AGED 30 YEARS, KANAKA NIVAS, S.N. COLONY, VADAVANTHARA P.O., PALAKKAD.

3. RAGHU, S/O. BHASKARAN, AGED 25 YEARS, SREEDEVI NIVAS, MADHAVA NAGAR, VADAVANTHARA, PALAKKAD.

4. MANI, S/O. VASUDEVAN, AGED 25 YEARS, UPPATHUVEEDU, VADAVANTHARA, PALAKKAD.

BY ADV. SRI.JACOB SEBASTIAN.

RESPONDENT/STATE:

---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, REPRESENTING THE SUB INSPECTOR OF POLICE, PALAKKAD TOWN NORTH POLICE STATION.

BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5597 of 2015 -------------------------------------- Dated this the 23rd day of September, 2015

ORDER

Accused 1 to 4 in Crime No.1260 of 2015 of Palakkad Town North Police Station registered for offences punishable under Sections 341, 324, 294(b), 308 and 506(ii) read with Section 34 of the Indian Penal Code seek bail under Section 438 of the Code of Criminal Procedure. 2.

Heard both sides.

3.

Allegation is that on 19.08.2015 around 4.00 p.m., the petitioners attacked the defacto complainant with an iron rod and stones and inflicted injuries on him. It is alleged that the defacto complainant was participating in a procession into which the petitioners barged in and attacked him.

4.

Learned counsel for the petitioners submitted that they have not committed any offence. Learned Prosecutor opposed the bail application contending that the recovery of weapons of oppression will have to be made.

Considering the facts and circumstances of the case, following directions are issued:

In the event the petitioners surrender before the investigating officer in two weeks, they shall be questioned and thereafter they shall be produced before the Magistrate having jurisdiction on the date of surrender

BA No.5597/2015 itself. If the petitioners move for bail, the court below shall consider the bail application on merits as expeditiously as possible. If the petitioners do not surrender before the investigating officer within the said time, the investigating officer is free to arrest them, as if no order has been passed in this case.

Application is disposed of.

A. HARIPRASAD, JUDGE.

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