IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6722 of 2008()
1. KOCHUMON @ BIJU DANIEL,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.R.SASITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/11/2008
O R D E R
K. HEMA, J.
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B.A. No. 6722 of 2008
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Dated this the 4th day of November,2008
O R D E R
Petition for anticipatory bail.
2. According to petitioner, petitioner (A7) along with other
accused formed into an unlawful assembly and assaulted de facto
complainant and two others. Iron rod was used for the offence.
3. Learned counsel for petitioner submitted that
petitioner is falsely implicated. He was originally working in S.F.I.
and now he joined A.B.V.P. and therefore his name is deliberately
included in the array of accused. He has not committed any
offence, it is submitted. It is also submitted that de facto
complainant or the injured had not sustained any serious injuries.
4. Learned Public Prosecutor submitted that name of
petitioner finds a place in the F.I.R. itself. Accused 1 to 7 were
named and they along with some identifiable persons have
allegedly committed the offence. However, he fairly conceded
that the injuries sustained are only abrasions.
5. On hearing both sides, I find that offence under section
308 IPC can be treated as excluded, for the purpose of bail by
BA 6722/08 -2-
police as well as court concerned. But, in the nature of
allegations made, I am not inclined to grant anticipatory bail.
With this observation, this petition is dismissed.
K.HEMA, JUDGE.
mn.