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High Court of KeralaBail Appl./5782/2015dismissed

Rinshad v. State Of Kerala

2015-09-30Honourable Mr. Justice A.Hariprasad3 pages

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. 5782 of 2015 ------------------------------------- CRIME NO. 595/2015 OF VADAKKEKARA POLICE STATION, ERNAKULAM ------------------ PETITIONERS/ACCUSED:

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1. RINSHAD, AGED 23 YEARS, S/O.ABDUL BASHEER, PLAYOTTIL HOUSE, PATTANOM, VADAKKEKARA, ERNAKULAM DISTRICT.

2. SHAJI, AGED 36 YEARS, S/O.SALIM, MANAPPURATH HOUSE, PATTANOM, VADAKKEKARA, ERNAKULAM DISTRICT.

3. PRAJOD, AGED 28 YEARS, S/O.PRADEEP, MOOLAKATTU HOUSE, ALAMTHURUTH, VADAKKEKARA, ERNAKULAM DISTRICT.

BY ADV. SRI.MANSOOR.B.H.

RESPONDENTS/COMPLAINANT/STATE:

------------------------------------------------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THROUGH STATION HOUSE OFFICER, VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT 682315.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5782 of 2015 -------------------------------------------- Dated this the 30th day of September 2015

O R D E R

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

2. Petitioners are accused nos.1, 2 and 3 in Crime No.595 of 2015 of Vadakkekara Police station registered for the offences punishable under Secs.143, 147, 148, 341, 324, 427 and 308 read with Sec.149 of the Indian Penal Code. The prosecution case is that, on 20.07.2015 at 8.45 p.m., the accused persons formed themselves into an unlawful assembly and attacked the defacto complainant using sword stick and iron rod.

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

4. Learned counsel for the petitioners submitted that, the 3rd petitioner, subsequent to the filing of this application, has been arrested and released on bail.

5. Learned Public Prosecutor submitted that the 1st petitioner is involved in 6 other cases and the 2nd petitioner is involved in three other cases.

Bail Appl. No.5782 of 2015 2

6. As regards the 3rd petitioner is concerned, it is submitted by the learned counsel for the petitioners that he has been arrested and released on bail. So anticipatory bail plea raised by him cannot be considered. The petitioners 1 and 2 are involved in similar offences on earlier occasions as well. Therefore, I am not inclined to grant anticipatory bail to them.

In the result, the bail application is dismissed so far as the petitioners 1 and 2 are concerned. Sd/- A. HARIPRASAD JUDGE / True Copy / NS/30/09/2015 P.A. To Judge