Rauf T. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 Bail Appl..No. 6886 of 2015 () ------------------------------- CRIME NO. 672/2015 OF BEKAL POLICE STATION, KASARAGOD DISTRICT. .......

PETITIONER/ACCUSED NO.2:

------------------------------------------- RAUF T., AGED 31 YEARS, S/O.ABDULLA, RAUF MANZIL, THOTTI, P.O. BAKEL, PALLIKKARA VILLAGE, KASARAGOD DISTRICT.

BY ADVS.SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN, SRI.V.VINAY.

RESPONDENTS & STATE:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031, (CRIME NO.672/2015 OF BAKEL POLICE STATION, KASARAGOD DISTRICT).

2. STATION HOUSE OFFICER, BAKEL POLICE STATION, KASARAGOD DISTRICT- 671 318, (CRIME NO. 672/2015 OF BAKEL POLICE STATION, KASARAGOD DISTRICT).

* ADDL. R3 IMPLEADED

3. NOUFAL, S/O.SATHAR, THOTTI HOUSE, PALLIKKARE POST, KASARAGOD, KERALA.

* ADDL. R3 IS IMPLEADED AS PER ORDER DATED 16/11/2015 IN CRL.MA. NO.10594/2015.

R1 & R2 BY PUBLIC PROSECUTOR SMT.R. REMA.

ADDL. R3 BY ADV. SRI.NISHIL.P.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6886 of 2015 -------------------------------------------- Dated this the 16th day of November 2015

O R D E R

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

2. Petitioner is the 2nd accused in Crime No.672 of 2015 of Bakel Police station registered for the offences punishable under Secs.147, 148, 324, 326 and 308 read with Sec.149 of the Indian Penal Code. Prosecution case is that on 15.10.2015, the petitioner along with five other accused persons, as members of an unlawful assembly, armed with deadly weapons, attacked the defacto complainant. In the attack, the defacto complainant lost his right thumb.

3. Heard the learned counsel for the petitioner, counsel for the defacto complainant and the learned Public Prosecutor.

4. Learned counsel for the petitioner submitted that the petitioner is innocent of all the allegations.

5. Learned Public Prosecutor and counsel for the defacto complainant opposed the bail application.

Bail Appl. No.6886 of 2015 2 Considering the nature of allegations, bail application is disposed of with the following directions. In the event of the petitioner surrenders before the investigating officer in two weeks, he shall be questioned and produce before the learned Magistrate having jurisdiction. The petitioner is free to move for regular bail before the learned Magistrate and in that event, the learned Magistrate may consider the application on merits as expeditiously as possible on the date of surrender itself.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/16/11/2015 P.A. To Judge