Jimmy Joseph vs Station House Officer on 17 April, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2262 of 2007()


1. JIMMY JOSEPH,S/O.JOSEPH,AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. STATION HOUSE OFFICER,ALAKODE POLICE
                       ...       Respondent

                For Petitioner  :SRI.V.A.SATHEESH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :17/04/2007

 O R D E R
                                K.T.SANKARAN, J.

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                              B.A.NO.2262 OF 2007

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                  Dated this the 17th day of April, 2007


                                         ORDER

This is an application under Section 438 of Code of

Criminal Procedure filed by the accused in Crime No.86/07 of

Alakode Police Station. The offences alleged against the

petitioner are under Sections 452, 323 and 324 of the Indian

Penal Code. The prosecution case is that on 28.3.2007 at about

10.30 p.m. the petitioner trespassed into the house of the

defacto complainant and attacked him with stone and hands.

There is also an allegation that the petitioner had beaten the

wife of the defacto complainant. It is stated in the bail

application that in fact the petitioner was assaulted by the

defacto complainant on 28.3.2007 and in that incident, the

petitioner sustained injuries. He has produced A1 wound

certificate.

2. Heard learned Public Prosecutor who submitted that the

investigation of the case is in progress in both the cases.

Considering the allegations made against the petitioner and in

the facts and circumstances of the case, I am of the view that the

B.A.NO.2262 OF 2007

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petitioner can be directed to surrender before the

Investigating Officer at 10 a.m. on 25.4.2007 for

interrogation. The petitioner shall be produced before the

Magistrate’s court concerned on the same date. The learned

Magistrate shall consider the bail application submitted by

the petitioner on the same date itself, taking into account the

facts and circumstances of the case and the fact that there is

a counter case in which the allegation is that the petitioner

sustained injuries.

Bail application is disposed of as above.

(K.T.SANKARAN)

JUDGE

jes