Kerala High CourtRajesh Aged 33 Years vs State Of Kerlala on 26 September, 2014Author:A.HariprasadBench:A.HariprasadIN THE HIGH COURT OF KERALAAT ERNAKULAM

                                                        PRESENT:

                            THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                  FRIDAY,THE 26TH DAY OF SEPTEMBER 2014/4TH ASWINA, 1936

                                            Bail Appl..No. 6751 of 2014 ()
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               CRIME NO. 270/2014 OF ARYANCODE POLICE STATION , ALAPPUZHA

PETITIONER(S)/ACCUSED NO.1:
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            RAJESH AGED 33 YEARS
            S/O. HANNA, MUDIPPURAVILAKAM VEEDU, CHEMBOOR
            OTTASEKHARAMANGALAM, THIRUVANANTHAPURAM.

            BY ADVS.SRI.R.SUNIL KUMAR
                         SMT.A.SALINI LAL

RESPONDENT(S)/COMPLAINANTS:
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            STATE OF KERLALA
            REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
            ERNAKULAM.

             BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

            THIS BAILAPPLICATION HAVING COME UP FOR ADMISSION ON 26-09-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



                              A.HARIPRASAD, J.
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                            B.A. No.6751 of 2014
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              Dated this the 26th day of September, 2014.

                                      ORDERApplication for bail underSection 438of the Code of Criminal

Procedure.2.   Petitioner is the 1st accused in Crime No.270 of 2014 of

Aryancode Police Station, Alappuzha. Police registered a case against the

petitioner and other accused underSections 341,324and326read withSection 34of the Indian Penal Code.                  Prosecution case is that on

20.04.2014 at 11.00 p.m. the accused persons attacked the defacto

complainant with a knife used for cutting halva and a stick causing injury to

his forehead and fracture of bones in hand.3.   Heard the learned counsel for the petitioner and the learned

Public Prosecutor.4.   Learned counsel for the petitioner submitted that the petitioner

also sustained injuries in the incident. Actually he is not the aggressor.

Learned Public Prosecutor opposed the bail application contending that the

weapons used in the incident will have to be recovered and the petitioner is

to be obtained in custody for interrogation.               Considering the nature of

allegations and offences involved, I am not inclined to grant anticipatoryBA No.6751/2014                        2bail to the petitioner. Petitioner shall surrender before the court having

jurisdiction in this matter within a period of five days and move for regular

bail. In that event, the learned Magistrate shall consider the application for

bail as expeditiously as possible.Petition is disposed accordingly.A. HARIPRASAD, JUDGE.cks