Prasad v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 Bail Appl..No. 6011 of 2015 () ------------------------------- CRIME NO. 2703/2015 OF ALUVA EAST POLICE STATION, ERNAKULAM DIATRICT --------------- PETITIONER/ACCUSED :

-------------------------------- PRASAD K.R., AGED 28 YEARS, S/O. RAGHAVAN, KAIPPILLY HOUSE, KAVETH NOCHIMA, NAD P.O, ALUVA.

BY ADVS.SRI.V.A.NAVAS SRI.K.P.SURAJ RESPONDENT :

--------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

------------------------------------------------ B.A.No.6011 of 2015 ------------------------------------------------- Dated this the 4th day of November, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the second accused in Crime No.2703 of 2015 of Aluva East Police Station registered for the offences punishable under Section 308 r/w Section 34 of the Indian Penal Code.

3.

Prosecution case is that the petitioner abused sister of the defacto complainant over telephone. There was enmity on account of this between the petitioner and the defacto complainant. The defacto complainant alleged that the petitioner without any provocation attacked him on 16.08.2015 at about 05.00 p.m., by using a knife. The petitioner initially attempted to stab on the chest of the defacto complainant. When he warded it off the petitioner hit on the head of the defacto complainant with the knife causing an injury. I have perused the wound certificate.

B.A.No.6011 of 2015 4.

Heard both sides.

5.

Considering the nature of allegations, I am not inclined to grant pre-arrest bail to the petitioner. The bail application is dismissed.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge