IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7293 of 2009()
1. PRADEEP CHANDRAN, KANDISSERIL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.HARILAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7293 of 2009
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Dated this the 8th day of January, 2010
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioner is accused No.4
in Crime No.114/2009 of Mavelikkara Police Station.
2. The offences alleged against the petitioner are under
Sections 143, 147, 148, 506(ii), 324, 326 and 308 read with
Section 149 of the Indian Penal Code.
3. The prosecution case is that on 02.03.2009 at about
midnight, the accused persons came near the front gate of the
house of one Kalidasan, the injured, armed with deadly weapons
like iron rods and attacked Kalidasan with those weapons, causing
several injuries including two fractures. Kalidasan was taken to
the hospital. Since he was admitted in the intensive care unit,
his nephew gave the F.I. Statement. The F.I. Statement would
disclose that the incident occurred due to the rivalry of the
accused persons towards the injured, since the injured persuaded
them not to create trouble at the time of a festival on “Kumbha
B.A. No. 7293 of 2009 2
Bharani” day. The injured, namely, Kalidasan was working
abroad and he had come to the native place on leave.
4. I have perused the Case Diary file and the wound
certificate.
5. Taking into account facts and circumstances of the
case, the nature of the offence and the injuries sustained by the
injured, I do not think that this is a fit case where Anticipatory
Bail can be granted to the petitioner. The petitioner is not
entitled to the discretionary relief under Section 438 of the Code
of Criminal Procedure.
For the aforesaid reasons, the Bail Application is dismissed.
K.T. SANKARAN, JUDGE
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