Kerala High Court
Kunhammad vs The Sub Inspector Of Police on 4 December, 2017
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 4TH DAY OF DECEMBER 2017/13TH AGRAHAYANA, 1939
Bail Appl..No. 7403 of 2017 ()
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CRIME NO. 486/2017 OF KUTTIADY POLICE STATION,
KOZHIKODE DISTRICT.
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PETITIONER/ACCUSED:
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KUNHAMMAD,
S/O.ANTHRU, AGED 53 YEARS,
RESIDING AT KILIYANAMKANDI HOUSE,
KAYAKKODY, KUTTIADY, VATAKARA TALUK,
KOZHIKODE DISTRICT.
BY ADV. SRI.SUNNY MATHEW
RESPONDENTS/COMPLAINANTS &STATE:
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1. THE SUB INSPECTOR OF POLICE,
KUTTIADY POLICE STATION,
KOZHIKODE DISTRICT - 673 001.
2. STATE OF KERALA,
(RESPONDENTS 1 & 2 REPRESENTED BY
THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, COCHIN-682 031.)
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04-12-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
RAJA VIJAYARAGHAVAN V., J
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B.A. No.7403 of 2017
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Dated this the 4th day of December, 2017
ORDER
1.This application is filed under section 438 of the Code of Criminal Procedure.
2.The petitioner herein is the sole accused in Crime No.486 of 2017 of the Kuttiady Police Station registered alleging offences punishable under sections 341, 324 and 307 of the IPC.
3.The prosecution allegation is that on 8.10.2017 at 4.45 p.m., while the de facto complainant was returning back to his house, the petitioner herein along with the 2nd accused wrongfully restrained him and inflicted injuries on him with a knife. According to the prosecution, the friend of the de facto complainant also sustained injuries on his palm while he attempted to rescue the de facto complainant.
4.The learned counsel appearing for the petitioner submits, referring to the accident register cum wound certificate that though the victim as well as his friend had sustained some injuries, the offence under section 307 of the IPC will not be made out.
BA 7403/2017 2
5.The learned Public Prosecutor has made available the case diary for perusal. It appears from the accident register cum wound certificate that only lacerated wounds were sustained on the left palm of Kunjabdulla and also on the right hand of one Nizar. Prima facie, it does not appear to me that the ingredients of Section 307 of the IPC will be attracted in the instant case. However, those are matters that are to be considered by the court below at appropriate stage.
6.However, having regard to the fact that the petitioner has inflicted injuries with sharp weapon, it does not appear to me that this Court will be justified in granting pre-arrest bail to the petitioner.
7.If the petitioner is so advised, he may surrender before the investigating officer, within ten days from today. If he so surrenders, he shall be interrogated and shall be produced before the court having jurisdiction on the same day itself. If an application for bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits.
This petition is dismissed. Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
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