Deepan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 Bail Appl..No. 6119 of 2015 ---------------------------------------- CRIME NO. 1994/2015 OF MATHILAKAM POLICE STATION , THRISSUR DISTRICT ------------------ PETITIONER(S)/ACCUSED :

----------------------------------------- DEEPAN, AGED 23 YEARS, S/O.THILAKAN, MULANGATH HOUSE, MATHILAKAM, KODUNGALLUR, THRISSUR DISTRICT.

BY ADVS.SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH RESPONDENT(S)/STATE :

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6119 of 2015 -------------------------------------------- Dated this the 8th day of October 2015

O R D E R

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

2. Petitioner is the 1st accused in Crime No.1994 of 2015 of Mathilakam Police station registered for the offences punishable under Secs.341, 324 and 326 of the Indian Penal Code. The prosecution allegation is that on 28.08.2015 at about 11.30 a.m., the accused attacked the defacto complainant with a granite stone due to ill will that he had taken food from one of the rivals of the petitioner.

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

4. Learned counsel for the petitioner submitted that the incident actually happened from a place where there is banyan trees standing and not as stated by the prosecution.

5. The materials in the case diary show that the the injured sustained lacerated injury on the gum and one

Bail Appl. No.6119 of 2015 2 incisor was lost and another one was displaced. The alleged weapon of operation was recovered. Therefore, the following directions are issued.

The petitioner shall surrender before the investigating officer within a period of one week and submit himself for interrogation. Thereafter, the investigating officer shall produce the petitioner before the learned Magistrate having jurisdiction on the date of surrender itself. The petitioner is free to move for bail before the learned Magistrate. The learned Magistrate shall consider the applications on merit preferably on the date of production itself.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/08/10/2015 P.A. To Judge