Jagal vs State Of Kerala
2021 Latest Caselaw 16945 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR. JUSTICE K.HARIPAL
     THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                         BAIL APPL. NO. 5867 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRLMC 1399/2021 OF THE SESSIONS COURT,
                                    ERNAKULAM
            CRIME 448 OF 2021 OF UDAYAMPEROOR POLICE STATION IN
                                    ERNAKULAM

PETITIONER:

              JAGAL
              AGED 29 YEARS
              S/O. BASURAN, PATTAKKANDATHIL HOUSE, UDAYEMPEROOR,
              POTHOTTA, ERNAKULAM, PIN 682307

              BY ADV K.K.VINOD



RESPONDENT:

              STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA, ERNAKULAM 682031


OTHER PRESENT:

              PP - SRI. PRASANTH M.P.




     THIS     BAIL    APPLICATION    HAVING     COME   UP   FOR   ADMISSION   ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 5867 OF 2021                2




                                        ORDER

Petitioner is the 1st accused in Crime 448 of 2021 of

Udayamperoor police station in Ernakulam district, which was

registered alleging offence punishable under Sections 308, 324, 435

read with Section 34 of the IPC. Now he seeks his anticipatory bail

under Section 438 of the Cr.P.C.

2. It is alleged that, on 02.07.2021 at 4 pm, the 1 st accused along

with two others, in furtherance of their common intention, caused hurt

to the defacto complainant using a chopper and caused him grievous

injuries; also mischief by fire also is alleged.

3. I heard the learned counsel on both sides.

4. The learned counsel for the petitioner has submitted that, the

petitioner and the defacto complainant are neighbours. But, the

learned Public Prosecutor with the aid of the wound certificate

produced today, submits that, the defacto complainant had sustained

serious injuries in the occurrence caused by using sword and chopper.

In the nature of the allegations, the weapons of offence have to be

recovered which is possible only after custodial interrogation.

Therefore, the petitioner is not entitled to get an order under Section

438 of the Cr.P.C and the application is liable to be dismissed.

5. Now, the learned counsel submits that, the petitioner is

prepared to surrender before the Investigating Officer. In that case, his

case shall be considered with utmost expedition.

Bail application is dismissed.

Sd/-

K.HARIPAL JUDGE ska