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Kerala High Court

Rahul vs State Of Kerala on 1 August, 2018

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

                  THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

            WEDNESDAY, THE 1ST DAY OF AUGUST 2018 / 10TH SRAVANA, 1940

                             Bail Appl..No. 4768 of 2018

               CRIME NO.893/2018 OF ENATH POLICE STATION, PATHANAMTITTA



PETITIONERS :


1.         RAHUL,
           S/O R. RADHAKRISHNAN NAIR, AGED 20 YEARS,
           KESAMATHU PADINJAREPURA, MANNADY,
           MANNADY P.O., PATHANAMTHITTA DISTRICT-691553.


2.         ANANTHAKRISHNAN,
           S/O CHANDRABABU, AGED 21 YEARS,
           KEECHARIKATHU VEEDU, ELANGAMANGALAM,
           ENATHU P.O., PATHANAMTHITTA DISTRICT-691553.




        BY ADV.SRI.K.K.SETHUKUMAR


RESPONDENT :


           STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM.
           (CRIME NO.893/2018 ENATH POLICE STATION).


       BY PUBLIC PROSECUTOR SRI.AMJAD ALI


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-08-2018,
     THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


EL

1.8.2018

              RAJA VIJAYARAGHAVAN.V, J.
             --------------------------------------
                  B.A.No. 4768 of 2018
             --------------------------------------
          Dated this the 1st day of August, 2018


                            ORDER

This application is filed under Section 438 of the Cr.P.C.

2. The applicants herein are accused Nos.1 and 2 in Crime No.893 of 2018 registered at the Enath Police Station under Sections 323 and 308 r/w. Section 34 of the IPC and Section 75 of the Juvenile Justice Act.

3. The injured is a 16 year old boy. The applicants herein are ABVP activists. On 3.7.2018 at 5.15 p.m the applicants herein are alleged to have wrongfully restrained the minor boy and attacked him causing injuries.

4. The learned counsel appearing for the applicant submitted that the applicants herein are student leaders and no serious injury was sustained by the victim.

5. The learned Public Prosecutor has opposed the prayer.

6. I have considered the submissions advanced and have gone through the case diary. It appears that the victim was admitted in the hospital on the same day at 6.30 p.m. B.A.No. 4768 of 2018 : 2 : The wound certificate reveals that he suffered extensive contusions and abrasions on his body.

7. The applicants for trivial reasons had inflicted injuries on a minor boy. I am not perusaded to exercise the powers of this Court and arm the applicants with an order of prearrest bail. I direct the applicants to surrender before the court having jurisdiction and seek regular bail. If an application for bail is filed the same shall be considered and orders shall be passed expeditiously and on its merits.

This applicant will stand dismissed.

Sd/-

RAJA VIJAYARAGHAVAN.V, JUDGE cms //true copy// P.A to Judge