Manikandan S. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 Bail Appl..No. 6234 of 2015 ------------------------------------------ CRIME NO. 1692/2015 OF KILIKOLLOOR POLICE STATION , KOLLAM DISTRICT -------------------- PETITIONER(S)/1ST ACCUSED :

------------------------------------------------ MANIKANDAN S., AGED 40 YEARS, SON OF SUKUMARAN, BUNGALOWIL THODIYIL, NAZHATHRA NAGAR HOUSE NO.50, KILIKOLLOOR P.O., KOLLAM. BY ADVS.SRI.ALAN PAPALI SRI.NISHIL.P.S.

SRI.J.VIMAL RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, (CRIME NO.1692/2015 OF KILIKOLLOOR POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A.HARIPRASAD, J.

------------------------------------------------ B.A.No.6234 of 2015 ------------------------------------------------- Dated this the 13th day of October, 2015

O R D E R

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

2.

Petitioner is the 1st accused in Crime No.1692 of 2015 of Kilikolloor Police Station registered for the offences punishable under Sections 143, 147, 148, 324, 427, 294(b) and 308 r/w Section 149 of the Indian Penal Code and Section 27 of the Arms Act, seeks pre-arrest bail.

3.

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

4.

Prosecution case, in short, is that the petitioner (1st accused) along with 8 others due to previous enmity towards the defacto complainant for giving a complaint in the Police Station, attacked on 18.09.2015 at about 11.30 p.m., and caused injury to his ear by using a sword. 5.

Learned counsel for the petitioner contended that this is a false case. Annexure-I is the F.I.R in Crime

B.A.No.6234 of 2015 No.2162 of 2015 registered by Kundara Police in respect of an incident wherein the defacto complainant along with other accused were involved in the offences under Sections 452, 294(b), 506(ii) r/w Section 34 of the Indian Penal Code. It is also submitted that the claim of the defacto complainant that he attended a meeting of S.N.D.P. Sakha Yogam at Kalluthazham is false. 6.

Leaned Public Prosecutor opposed the bail application contended that the defacto complainant sustained grave injuries in the incident and he was taken to hospital at 1.30 hours in the night. That apart, the petitioner is involved in 10 other crimes of grave magnitude.

Considering the entire facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The bail application is dismissed.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge