IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2849 of 2010()
1. ASHIK VANIYAMKANDY,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.ANAND
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :24/05/2010
O R D E R
K. HEMA, J.
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B.A. No. 2849 of 2010
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Dated this the 24th day of May, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147,
148, 341, 323, 324, 427 and 308 read with Section 149 of the
Indian Penal Code. According to prosecution, petitioner along
with other accused formed themselves into an unlawful
assembly wrongfully restrained by de facto complainant, while
he was proceeding in a motor bike and voluntarily caused hurt
and committed the above offences.
3. Learned counsel for petitioner submitted that this case
is falsely foisted due to political rivalry, no such incident
happened. Respondents with party appeared before the
Magistrate Court that the matter is settled.
4. This petition is opposed. Learned Public Prosecutor
submitted that the investigation is over and the petitioner was
not available for arrest during investigation. Petitioner is
involved in other crimes also.
B.A. No. 2849 of 2010 2
5. On hearing both sides, I find that this is not a fit case
to grant anticipatory bail. If the matter is settled as stated,
petitioner may surrender before the Magistrate Court
concerned and apply for regular bail, if so advised.
This petition is dismissed.
K. HEMA, JUDGE
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