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High Court of KeralaBail Appl./5883/2015disposed of

Rishad 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. 5883 of 2015 ----------------------------------------- CRIME NO. 844/2015 OF VADAKKEKAD POLICE STATION , THRISSUR DISTRICT ------------------ PETITIONER(S) :

-------------------------- RISHAD, AGED 28 YEARS, S/O.ALIKUTTY, VALIYIL HOUSE, P.O.NJAMANANGHAD, CHAVAKKAD TALUK, THRISSUR DISTRICT.

BY ADV. SRI.RAJIT RESPONDENT(S) :

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

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

Msd.

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5883 of 2015 -------------------------------------- Dated this the 30th day of September, 2015

ORDER

Petitioner, who is the first accused in Crime No.844 of 2015 of Vadakkekad Police Station registered for offences punishable under Sections 143, 147, 148, 452, 341, 323, 324 and 308 of the Indian Penal Code, seeks bail under Section 438 of the Code of Criminal Procedure. 2.

Prosecution case is that on 13.09.2015 at 1.00 p.m., the accused persons trespassed into the toddy shop and attacked the defacto complainant with dangerous weapons like iron pipe. 3.

Heard both sides.

4.

Learned Prosecutor submitted that the petitioner used the iron pipe to attack the defacto complainant. He sustained injuries in the incident.

Considering the nature of allegations, I am not inclined to grant pre-arrest bail to the petitioner. Hence the following order: In the event the petitioner surrenders before the investigating officer in two weeks, he shall be questioned and thereafter he shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall consider the bail

BA No.5883/2015 application on merits as expeditiously as possible. If the petitioner does not surrender before the investigating officer within the said time, the investigating officer is free to arrest him, as if no order is passed in this case.

Application is disposed of.

A. HARIPRASAD, JUDGE.

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