Aneesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 Bail Appl..No. 7480 of 2015 ------------------------------------- CRIME NO. 710/2015 OF VALIYAMALA POLICE STATION, THIRUVANANTHAPURAM --------------------- PETITIONER/IST ACCUSED:

--------------------------------------- ANEESH, AGED 26 YEARS, S/O. THULASEEDHARAN, S.N.NAGAR, PANGODE, UZHAMALAKKAL VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDNETS/STATE:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

2. SUB INSPECTOR OF POLICE, VALIYAMALA POLICE STATION, THIRUVANANTHAPRUAM DISTRICT-695004.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

====================== B.A.No.7480 of 2015 ====================== Dated this the 2nd day of December, 2015

O R D E R

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

2.

First accused in Crime No.710/2015 of Valiyamala Police Station registered for offences under Sections 294 (b), 323, 324, 354 (B), 450 read with Section 34 of the Indian Penal Code, seeks pre-arrest bail.

3. Prosecution case in short is that, the de facto complainant's husband contested in election and he lost the election. The accused persons exploded crackers in front of the de facto complainant's house, which was questioned by the de facto complainant. On that enmity, on 07-11-2015, the de facto complainant was attacked. When her son tried to rescue her, he was also attacked and at that time another lady came to her rescue. She was also beaten up. The accused persons disrobed the de facto complainant in a public, causing mental agony to the de facto complainant.

B.ANO.7480 of 2015 -:2:- Considering the nature of allegations, I am not inclined to grant anticipatory bail to the petitioner. Hence the following directions are issued:

The petitioner shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit himself for interrogation. The Investigating Officer shall produce him before the learned Magistrate having jurisdiction on the date of surrender itself. Thereafter, 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, if possible on the date of surrender itself.

Sd/- A.HARIPRASAD, JUDGE.

AVS //TRUE COPY// P.A TO JUDGE