Ajayan vs State Of Kerala on 26 August, 2014

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Kerala High Court

Ajayan vs State Of Kerala on 26 August, 2014

Bench: K.Abraham Mathew

       

  

  

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                      PRESENT:

                     THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

                 TUESDAY, THE 26TH DAY OF AUGUST 2014/4TH BHADRA, 1936

                                         Bail Appl..No. 6255 of 2014 ()
                                              -------------------------------
       CRIME NO. 407/2014 OF OACHIRA POLICE STATION ,KOLLAM DISTRICT
                                          ------------------------

PETITIONER/ACCUSED NO.1:
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            AJAYAN, AGED 22 YEARS,
            S/O.ANANDAN, KADUTHSSERIL,
            CLAPPANA THEKKU MURI, CLAPPANA VILLAGE,
            CLAPPANA P.O., KOLLAM DISTRICT.

            BY ADVS.SRI.N.VIMALAN
                          SRI.T.K.SASIKUMAR

RESPONDENT/COMPLAINANT:
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            STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM.PIN- 682 031

             BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

            THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
            ON 26-08-2014, THE COURT ON THE SAME DAY PASSED THE
            FOLLOWING:




sts



                  K. ABRAHAM MATHEW, J.
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                     B.A. No.6255 of 2014
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           Dated this the 26th day of August, 2014

                              O R D E R

Petition filed under Section 439 Cr.P.C. The petitioner is the first accused in crime No.407/2014 of Oachira Police Station registered for the offences under Sections 308, 323, 341 & 427 IPC.

2. According to the prosecution, the first informant was traveling in a car when the petitioner and the co-accused stopped the car and assaulted the victim with a chopper. The driver of the car also was assaulted.

3. Heard.

4. The learned counsel for the petitioner submits that accused 2 & 3 have already been granted bail by this Court and the petitioner also may be released on bail.

5. The petitioner is the son of the second accused, who was granted bail under Section 439 Cr.P.C. The third accused did not assault the victim with any weapon. It was the petitioner who struck the victim with a chopper. The B.A. No.6255 of 2014 -2- very fact that he was carrying a chopper speaks volumes. Merely because he has been in custody since 11.8.2014 he cannot be granted bail especially in view of the fact that he had been absconding after the incident.

In the result, this application is dismissed.

Sd/-

K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/

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