Baby v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 Bail Appl..No. 7466 of 2015 () ------------------------------- CRIME NO. 1830/2015 OF EAST KALLADA POLICE STATION, KOLLAM DISTRICT ----------------------- PETITIONER/ACCUSED A1 & 2 :
----------------------------------------------
1. BABY, AGED 58 YEARS S/O. VARGHESE, MULAMOOTTIL THOPPIL VEEDU PERUNGALAM P.O., MUNROTHURUTH, KOLLAM TALUK KOLLAM DISTRICT.
2. JIBI, AGED 20 YEARS S/O. BABY, MULAMOOTTIL THOPPIL VEEDU, PERUNGALAM P.O. MUNROTHURUTH, KOLLAM TALUK, KOLLAM DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT :
---------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7466 of 2015 -------------------------------------------- Dated this the 7th day of December 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioners are accused nos.1 and 2 in Crime No.1830 of 2015 of East Kallada Police station registered for the offences punishable under Secs.341, 294(b), 506(ii) and 308 read with Sec.34 of the Indian Penal Code. Prosecution case is that, the petitioners, on 11.11.2015 at about 4.30 p.m., attacked the defacto complainant by using a sword. It appears that there is political rivalry between the parties.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application.
5. Wound certificate and other materials in the case diary shows that the petitioners have been named in it and the sword used for assault could not be recovered so far. Hence, I am of the view that custodial
Bail Appl. No.7466 of 2015 2 interrogation of the petitioner is necessary in this case. Plea for anticipatory bail cannot be allowed and the bail application is dismissed.
Sd/- A. HARIPRASAD JUDGE / True Copy / NS/07/12/2015 P.A. To Judge