Kerala High Court
Balan vs Station House Officer on 22 February, 2016
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY,THE 22ND DAY OF FEBRUARY 2016/3RD PHALGUNA, 1937
Bail Appl..No. 997 of 2016 ()
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CRIME NO. 1272/2015 OF VADAKARA POLICE STATION, KOZHIKODE DISTRICT
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PETITIONER/ACCUSED :
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BALAN, AGED 53 YEARS
S/O.CHATHU, THATTANDAVIDA,
PURAMERI AMSOM DESOM
VADAKARA TALUK, KOZHIKODE.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS/COMPLAINANT/STATE :
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1. STATION HOUSE OFFICER
VADAKARA POLICE STATION - 673 101.
2. STATE OF KERALA
REP. BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-02-2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
SUNIL THOMAS, J.
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B.A. No.997 of 2016
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Dated this the 22nd day of February, 2016
O R D E R
Petitioner herein is the 5th accused in Crime No. No.1272/2015 of Vadakara police station for offences punishable under sections 143, 145,147, 323, 324, 326, 326, 327,353 and 332 read with section 149 IPC.
2. According to the prosecution, on 5/12/2015 at about 9.30 pm, while the Sub Inspector of Police and his party were on law and order duty, they were intercepted by the petitioner herein along with about 49 other persons, who had formed into unlawful assembly. When they were asked to disburse, they were alleged to have attacked the sub inspector and the CPO. The sub inspector lost his teeth and another one got loosened. Other persons sustained injury.
3. It appears that the petitioner herein was not referred to in the FIS statement. However, in a subsequent statement, overt act was attributed to the petitioner as one of pulling the driver of the jeep outside. There is a further allegation that he B.a.No.997/2016 2 had hit on the back of the neck using the stick. That stick was also recovered.
4, Having regard to the nature of allegations, I feel that benefit of pre arrest bail cannot be extended to the Petitioner. However, the main overt act leading to offence under Section 326 of Cr.P.C. and attack on the sub inspector of police is attributed to other accused. Having regard to that fact, in the event of the petitioner surrendering before the police, after interrogation and recovery if any, he shall be produced before the learned Magistrate at the earliest. In the event of Petitioner filing an application for bail, that may be considered by that court as far as possible on the same day itself.
Bail application is disposed of with the above observations.
Sd/-
SUNIL THOMAS Judge dpk /true copy/ PS to Judge.
B.a.No.997/2016 3