Ramesan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 Bail Appl..No. 5997 of 2015 () ------------------------------- CRIME NO. 1641/2015 OF THRISSUR WEST POLICE STATION, TRISSUR DISTRICT ---------------------- PETITIONER/ACCUSED :

------------------------------------ RAMESAN, AGED 49 YEARS S/O.KUTTAN, VALIYAVALAPPIL HOUSE, CHETTUPUZHA P.O., OLARI, THRISSUR DISTRICT.

BY ADV. SRI.P.K.SAJEEV 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 27-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5997 of 2015 -------------------------------------- Dated this the 27th day of October, 2015

ORDER

Application under Section 438 of the Code of Criminal Procedure.

2.

Petitioner who is the accused in Crime No.1641 of 2015 of 2015 of Thrissur West Police Station registered for offences punishable under Sections 447, 341, 324, 294(b) and 308 of the Indian Penal Code seeks pre-arrest bail.

3.

Prosecution case is that on 28.08.2015 at 12.00 hours, due to previous enmity petitioner attacked the defacto complainant with a sword after trespassing into the house of the defacto complainant. 4.

Heard both sides.

I have perused the wound certificate. It shows sustaining of lacerated wounds by the victim. Some sharp edged weapon might have been used is the prosecution case. Considering the nature of allegations, following directions are issued:

Petitioner shall surrender before the investigating officer within a period of one week and submit himself for interrogation. Thereafter, the

BA No.5997/2015 investigating officer shall produce him before the Magistrate having jurisdiction on the date of surrender itself. In that event, he is free to move for bail and the learned Magistrate shall consider the application on merits and pass appropriate orders as expeditiously as possible, if possible on the date of production itself. If 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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