P.Priji v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 Bail Appl..No. 6093 of 2015 () ------------------------------- CRIME NO. 1132/2015 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT --------------- PETITIONER/ACCUSED NO.1 :

----------------------------------------- P. PRIJI, AGED 31 YEARS, S/O. PRABHAKARAN, PULIMALA (H), VALAMBUR P.O., ERANTHODE, PERINTHALMANNA.

BY ADV. SRI.C.P.UDAYABHANU RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY THE C.I. OF POLICE, PERINTHALMANNA POLICE STATION, (CRIME NO.1132/2015) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V, J.

-------------------------------------------------------- B.A.No.6093 of 2015 -------------------------------------------------------- Dated this the 30th day of October , 2015

O R D E R

This is an application for anticipatory bail filed under S.438 of the Code of Criminal Procedure.

2.

The petitioner herein is the first accused in Crime No.1132/2015 of Perinthalmanna police station. The said crime has been registered for the offence punishable under S.324 & 307 r/w S.34 of the IPC.

3.

The prosecution allegation is that on 06.09.2015 at about 7.30 p.m., the petitioner, in the course of a mediation talk, inflicted grevious injuries to the de facto complainant and 6 others.

4.

I have heard the learned counsel appearing for

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the petitioner as well as the learned Public Prosecutor. 5.

The learned counsel appearing for the petitioner has submitted that, at the instance of the petitioner herein, Crime No.1165/2015 has been registered against the informant and other persons for offence under S.323, 324 r/w S.34 of the IPC. It was further submitted that the allegations against the petitioner are false. 6.

The learned Public Prosecutor has submitted that serious injuries have been caused to 7 persons by the petitioner using a knife. The allegations raised against the petitioner are grave.

7.

Under the circumstances, I am not inclined to grant pre-arrest bail to the petitioner.

This application is accordingly dismissed. Needless to

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say, the option of the petitioner to surrender before the Investigating Officer or the learned Magistrate and seek regular bail shall remain unfettered. If the petitioner so appears and applies for bail, needless to say, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously, preferably on the date of surrender itself.

Sd/- RAJA VIJAYARAGHAVAN V, JUDGE.

Bb [True copy] P.A to Judge