Dinraj v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 Bail Appl..No. 7652 of 2015 ------------------------------------------ CRIME NO. 3051/2015 OF ADOOR POLICE STATION , PATHANAMTHITTA DISTRICT ----------------- PETITIONER(S)/ACCUSED NO.1 TO 3 :

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1. DINRAJ, AGED 35 YEARS, S/O.RAJENDRAN, DEEPA BHAVAN, THENGAMAM P.O., ADOOR, PATHANAMTHITTA-691 523.

2. VINAYAN, AGED 25 YEARS, S/O.KARTHIKEYAN, AMBILI BHAVAN, MANGATTUTHARA KIZHAKKATHIL, THOTTUVA, ANAYADI P.O.-690 561.

3. RAJEEV R., AGED 28 YEARS, S/O.RADHAKRISHNAN, THARAYILVADAKKATHIL, THENGAMAM P.O., ADOOR, PATHANAMTHITTA-691 523. BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENT(S)/STATE :

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, ADOOR, PATHANAMTHITTA-691 523. BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A.HARIPRASAD, J.

------------------------------------------------ B.A No.7652 of 2015 ------------------------------------------------ Dated this the 10th day of December, 2015.

O R D E R

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioners are accused Nos.1 to 3 in Crime No.3051 of 2015 of Adoor Police Station registered for offences punishable under Sections 143, 147, 148, 294(b), 427 and 308 r/w Section 149 I.P.C.

3.

Prosecution case, in short, is that the accused persons on 22-11-2015 at about 7.00 p.m., under the leadership of the first accused, shouted slogans and pelted stones to the houses of the defacto complainant and her sister. One of the stones landed on the forehead of the defacto complainant which caused injuries. Prosecution alleged that the attempt of the accused persons was to commit culpable homicide.

4.

Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have perused the case diary. The materials in the case diary do not justify the blanket pre-arrest bail

B.A No.7652 of 2015 2 order in this case. Therefore, following directions are issued : The petitioners shall surrender before the Investigating Officer within a period of one week from today and submit themselves for interrogation. Thereafter, they shall be produced before the learned Magistrate having jurisdiction on the same day. The petitioners are free to move for regular bail before the court below. In that event, the application shall be considered on merits as expeditiously as possible. If petitioners do not surrender in the stipulated time, the Investigating Officer is free to arrest them as if no order is passed in this matter.

Sd/- A.HARIPRASAD, JUDGE.

amk //True copy// P.A to Judge