Prajesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 Bail Appl..No. 7290 of 2015 ------------------------------------------ CRIME NO. 2358/2015 OF MATHILAKAM POLICE STATION , THRISSUR DISTRICT ----------------- NAME AND ADDRESS OF THE PETITIONER(S)/ACCUSED : -------------------------------------------------------------------------------------- PRAJESH, AGED 26 YEARS, S/O. PRAKASAN, PALLIPARAMBIL HOUSE, CHENTRAPPINNI DESOM, CHENTRAPPINNI VILLAGE, KODUNGALLUR TALUK.
BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR SRI.P.U.VINOD KUMAR NAME AND ADDRESS OF THE RESPONDENT(S)/COMPLAINANT : ------------------------------------------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY SUB - INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, THRISSUR DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7290 of 2015 -------------------------------------------- Dated this the 26th day of November 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioner is the 1st accused in Crime No.2358 of 2015 of Mathilakam Police station registered for the offences punishable under Secs.341, 323, 324 and 308 read with Sec.34 of the Indian Penal Code. Prosecution case is that on 13.10.2015 at about 4.00 p.m., the petitioner along with the co-accused attacked the defacto complainant by using sword stick and other weapons in front of the house of one Praveen, who is none other than the brother of the petitioner. It is alleged that the petitioner used the sword stick to attack the defacto complainant.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application.
5. The wound certificate prima facie shows that
Bail Appl. No.7290 of 2015 2 the petitioner used sword stick to attack the defacto complainant and caused injuries on his head.
6. Considering the nature of allegations and the fact that the weapon allegedly used in the incident has not been recovered so far, I am not inclined to grant pre arrest bail to the petitioner.
In the result, the bail application is dismissed. Sd/- A. HARIPRASAD JUDGE / True Copy / NS/26/11/2015 P.A. To Judge