The High Court of Kerala dismissed the petitioner's application for anticipatory bail filed under Section 438 Cr.P.C. regarding serious assault allegations, deeming it improper to grant relief given the nature of the case and the petitioner's involvement in another criminal proceeding.
Application for anticipatory bail under Section 438 Cr.P.C. dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937
Bail Appl.No. 1608 of 2015
CRIME NO. 2884/2014 OF CHAVARA POLICE STATION, KOLLAM
PETITIONER(S)/2ND ACCUSED:
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EDISON, AGED 24 YEARS, S/O.CHRISTOPHER, PAZHIYARATHU VADAKKATHIL, CHERUSSERI BHAGAM, CHAVARA VILLAGE, KOLLAM DISTRICT.
BY ADV. SRI.N.SUNIL JOSEPH
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 682 031, REPRESENTING THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT-691 001.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
K. ABRAHAM MATHEW, J.
====================
B.A.No. 1608 of 2015
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Dated this the 23rd day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
under Sections 341, 323, 324, 326, 294(b), 427 read with Section 34 of IPC. The prosecution case is that he along with the co-accused wrongfully restrained the victim and assaulted him with an iron rod causing dislocation of his shoulder joint and fracture of the bone of a finger.
fourth finger of the left hand had a fracture and there was dislocation of the right shoulder joint. The petitioner is involved in another criminal case. The allegations are of a serious in nature. It is not proper to grant him anticipatory bail.
In the result, this application is dismissed. Learned counsel submits that the petitioner will surrender before the Investigating Officer. He may do so if he is so advised.
Sd/-
K. ABRAHAM MATHEW, JUDGE
DST
//True copy//
P.A. To Judge
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of offences under Sections 341, 323, 324, 326, 294(b), 427 read with Section 34 of IPC.
1 provisions across 1 enactments
EDISON
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
