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High Court of KeralaBail Appl./5700/2015dismissed

Chandu v. State Of Kerala

2015-11-20Honourable Mr. Justice A.Hariprasad2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 Bail Appl..No. 5700 of 2015 () ------------------------------- CRIME NO. 1401/2015 OF OCHIRA POLICE STATION, KOLLAM DISTRICT -------------------- PETITIONERS/ACCUSED 4, 5 & 6 :

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1. CHANDU (4TH ACCUSED) AGED 21 YEARS, S/O DIVAKARAN, USHA BHAVAN, MANAPPALLY THEKKU S.R.P.MARKET P.O., PAVUMBA VILLAGE KARUNAGAPPALLY TALUK.

2. ANILKUMAR S/O SANKAR (5TH ACCUSED), AGED 21 YEARS, MANNARATHU KIZHAKKETHU, SRP MARKET P.O., KARUNAGAPPALLY TALUK.

3. ARUNKUMAR (6TH ACCUSED) AGED 19 YEARS, S/O SANKAR, MANNARATHU KIZHAKKETHU, SRP MARKET P.O.

KARUNAGAPPALLY TALUK.

BY ADVS.SRI.R.MANOJ SMT.SINDHU MANOJ RESPONDENT/COMPLAINANT :

---------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM (S.I. OF POLICE, OCHIRA IN CRIME NO.1401/2015) BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5700 of 2015 -------------------------------------- Dated this the 20th day of November, 2015

ORDER

Application under Section 438 of the Code of Criminal Procedure.

2.

Accused 3, 5 and 6 in Crime No.1401 of 2015 of Oachira Police Station registered alleging offences punishable under Sections 143, 147, 148, 294(b), 324 and 308 read with Section 149 of the Indian Penal Code are the petitioners. They seek pre-arrest bail. 3.

Prosecution case is that on 24.08.2015 at about 10.15 p.m., the accused persons attacked the defacto complainant and two others with iron rods, sticks, etc. causing extensive injuries to them. 4.

Heard both sides.

5.

Learned Prosecutor opposed the bail application. She produced the case diary and contended that one of the victim sustained multiple fracture of bones on head and face. Others also sustained very serious injuries.

Considering the fact that the weapons of oppression are not recovered so far, I am not inclined to grant pre-arrest bail to the petitioners. Bail application is dismissed.

A. HARIPRASAD, JUDGE.

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