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Kerala High Court

Santhosh Aged 38 Years vs State Of Kerala on 13 February, 2014

Author: N.K.Balakrishnan

Bench: N.K.Balakrishnan

       

  

  

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                      PRESENT:

                      THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

             THURSDAY, THE 13TH DAY OF FEBRUARY 2014/24TH MAGHA, 1935

                                         Bail Appl..No. 1008 of 2014 ()
                                        -------------------------------------------
          CRIME NO. 211/2014 OF KARUNAAGAPALLY POLICE STATION , KOLLAM

ACCUSED(S)/PETITIONER/IST ACCUSED:
------------------------------------------------------------------

            SANTHOSH AGED 38 YEARS
            S/O SIVANANDAN, KOCHITHARAPALALIL, ADINADU
            SOUTH C, KULASEKHARAPURAM.

            BY ADVS.SRI.NAGARAJ NARAYANAN
                          SRI.SAIJO HASSAN
                          SRI.SEBIN THOMAS

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

            R BY PUBLIC PROSECUTOR, SRI. RAJESH VIJAYAN

            THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-02-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:




das



                   N.K.BALAKRISHNAN, J.
                   ==========================
                    B.A. No. 1008 of 2014
              ===================================
         Dated this the 13th day of February, 2014


                            ORDER

The petitioner is one of the accused in Crime No.211/2014 of Karunagappally police station, Kollam district. The offences alleged against him and other accused are under Secs.143, 147, 148, 447, 294(b), 326, 323 354 r/w 34 IPC.

2. It is alleged that on 19.01.2014 at about 4 PM, this petitioner along with others formed into an unlawful assembly and committed rioting with deadly weapons, trespassed into the compound of the complainant where there is a pond. They started taking fish from that pond. It was objected to by the complainant. Then the accused herein beat the complainant with stick causing fracture to the bone of his right hand/wrist and also inflicted injury on the other parts of the body. On seeing the same, the -: 2 :- B.A. No. 1008/2014 complainant's wife tried to interfere. She was also attacked by the accused persons and they out raged her modesty. Two accused persons were stated to have slapped that woman.

3. One of the accused (Raju) was arrested by the police on 21.01.2014. He was in custody. Later on 06.02.2014, the learned Sessions Judge granted bail to him. The learned public prosecutor submits that very serious is the allegation against this petitioner. It is the petitioner, as per the complaint, who inflicted grievous hurt. Hence, considering all the aspects, I am not inclined to grant pre- arrest bail to the petitioner.

It is hence, dismissed.

sd/-

N.K.BALAKRISHNAN, JUDGE das // True copy // PA to Judge