High Court Kerala High Court

Aneesh vs State Of Kerala on 25 September, 2008

Kerala High Court
Aneesh vs State Of Kerala on 25 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5897 of 2008()


1. ANEESH, AGED 21 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.SANTHOSH  (PODUVAL)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :25/09/2008

 O R D E R
                              K.HEMA, J.
                  ----------------------------------------------
                         B.A.No.5897 of 2008
                  ----------------------------------------------
            Dated this the 25th day of September, 2008


                                O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 341, 323,

324, 326 and 308 IPC read with Section 34 IPC. Petitioner along

with three others came in a motor cycle and assaulted the

defacto complainant and he sustained grievous injuries. A1 and

A3 used sickles for the commission of the offence. Petitioner is

the first accused.

3. Learned counsel for the petitioner submitted that the

petitioner is falsely implicated and that it is improbable that four

persons can travel in a motor cycle. In fact, the defacto

complainant was returning from a toddy shop and he could not

identify any of the accused. He named the first and the third

accused, while one of his friends named second and the fourth

accused. But, now, all the persons are implicated in the offence.

There was an earlier incident in the same night, in a toddy shop

and the alleged motive is the said incident. Learned counsel for

the petitioner submitted that the name of the petitioner was not

mentioned to the doctor.

BA No.5897/08 2

4. This petition is opposed. Learned public prosecutor

submitted that the first accused has allegedly used a sickle for

the commission of offence and fracture is also caused to the

defacto complainant. His name is mentioned in the First

Information Statement itself. The weapon is to be recovered and

hence, petitioner is required for interrogation. Learned public

prosecutor submitted that the history of alleged cause of injury is

not recorded in Malayalam, but, it is recorded in English as

“alleged assault”.

5. On hearing both sides, it is clear that the statement

recorded in the wound certificate may be the summary which is

recorded in English. I am satisfied that the doctor omitted to

record that the allegations made to him in verbatim and hence,

at this stage, it cannot be said that the petitioner is not involved.

Petitioner will be required for interrogation and recovery of

weapon and considering the nature of allegations made and

injuries sustained in the incident, it may not be fit to grant

anticipatory bail.

The petition is dismissed.

K.HEMA, JUDGE
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