Jiby v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 Bail Appl..No. 5713 of 2015 () ------------------------------- CRIME NO. 418/2015 OF KALLOORKADU POLICE STATION, ERNAKULAM DISTRICT -------------------- PETITIONERS/ACCUSED NO. 3 & 4 :

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1. JIBY S/O.KUNJAN, AGED 39 YEARS ACHAKOTTIL HOUSE, KALLOORKKADU POST ERNAKULAM DISTRICT.

2. ANU S/O.GEORGE, AGED 31 YEARS KOTTAPURATHU HOUSE, VADACODE POST ERNAKULAM DISTRICT.

BY ADVS.SRI.K.S.ARUN KUMAR SRI.M.S.DILEEP RESPONDENT/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5713 of 2015 -------------------------------------------- Dated this the 30th day of September 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioners are accused nos.2 and 3 in Crime No.418 of 2015 of Kalloorkkadau Police station registered for the offences punishable under Secs.323, 324, 341 and 294(b) read with Sec.34 of the Indian Penal Code and Sec.3(1)(X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution case is that on 05.09.2015 at 9.00 a.m., the petitioners abused the defacto complainant and used iron rod to attack him. Accused nos.1 and 4 used the iron rod. The defacto complainant belongs to scheduled caste community. It is also alleged that the accused with an intention to insult him called him his caste name in public.

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

After hearing both sides and on a perusal of the materials in the case diary, I am not inclined to grant anticipatory bail to the petitioners.

Bail Appl. No.5713 of 2015 2 The petitioners shall surrender before the Investigating Officer within two weeks from today and submit themselves for interrogation. After questioning the petitioners, the Investigating Officer shall produce them before the learned Magistrate having jurisdiction on the date of surrender itself. In that event, the learned Magistrate shall deal with the matter in accordance with law based on the decision reported in Shanu V. State of Kerala [2000

(3) KLT 452].

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/30/09/2015 P.A. To Judge