Kerala High Court
Ajayan P vs State Of Kerala on 16 January, 2014
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 16TH DAY OF JANUARY 2014/26TH POUSHA, 1935
Bail Appl..No. 220 of 2014 ()
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CRIME NO. 1149/2013 OF PAYYANNUR POLICE STATION, KANNUR DISTRICT
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PETITIONERS/ACCUSED NOS. 2, 3 AND 8 :
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1. AJAYAN P.,
S/O. KRISHNAN, AGED 36 YEARS
PAVOOR HOUSE, KOORKKARA
KOROM AMSOM.
2. ANOOP T.P.,
S/O. VENUGOPALAN, AGED 29 YEARS,
THEKKADAVAN PADINHARE PURAYIL HOUSE
KUNNATHERU,RAZMANTHALI AMSOM.
3. PRASANNAN M.V.,
S/O. NARAYANAN, AGED 31 YEARS
MOUVVANCHERY VALAPPIL HOUSE, KOKKOT
KOROME ROAD, KOROME AMSOM.
BY ADVS.SRI.M.SASINDRAN
SRI.A.ARUNKUMAR
RESPONDENTS/COMPLAINANT/STATE :
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE STATION HOUSE OFFICER
(CRIME NO.1149 OF 2013 OF PAYYANNUR POLICE STATION)
KANNUR DISTRICT-670 307.
R1 & R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-01-2014,
ALONG WITH BA NO. 239/2014, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Mn
THOMAS P. JOSEPH, J
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B.A.Nos.220 &239 of 2014
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Dated this the 16th day of January, 2014
ORDER
B.A.No.220 of 2014 is filed by the accused Nos.2, 3 and 8 in Crime No.1149 of 2013 of the Payyannur Police Station for the offences punishable under Sections 143, 147, 341, 427, 307 r/w Section 149 of the Indian Penal Code. Case is that on 01-12-2013 at about 03.40 p.m., the petitioner and others assaulted the defacto complainant and others with deadly weapons like kinfe, iron rod, stone etc and attempted to cause his death.
2. B.A.No.239 of 2014 is filed by the 6th accused in Crime No.1152 of 2013 of the same Police Station for the offences punishable under Sections 143, 147, 148, 341, 427, 308 r/w Section 149 of the Indian Penal Code. Case is that on 01-12-2013 at about 03.30 p.m., the petitioner and others attacked the defacto complainant and others with sword and hurled country bomb. The petitioners 1 and 3 in B.A.No.220 of 2014 were arrested on 05-12-2013 while the second petitioner was arrested 20-12-2013. Arrest of the petitioner in B.A.No.239 of 2014 was recorded on 31-12-2013.
3. Learned Public Prosecutor has opposed the B.A.Nos.220 &239 of 2014 2 applications. It is submitted that it is a case of attack by the activists of a political party on the opponents. It is submitted that the second petitioner in B.A.No.220 of 2014 is involved in Crime No.1149 of 2013 of the Payyannur Police Station for the offences under the Penal Code including Section 302.
4. Learned counsel has submitted that allegations are not true that the petitioners are falsely implicated.
5. Having regard to the nature of allegations, the weapons used and other relevant circumstances and as investigation of the cases is not completed, request for bail cannot be allowed at this stage.
Applications are dismissed without prejudice to the petitioners moving again after investigation has progressed.
Sd/-
THOMAS P. JOSEPH, JUDGE
AS /True Copy/
P.A. to Judge