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Santhosh vs State Of Kerala

High Court Of Kerala|12 June, 2014
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JUDGMENT / ORDER

Petitioner is the 2nd accused in Crime No.730 of 2014 of the Parippally Police station for the offences punishable under Secs.143, 147, 148, 294(b), 323 ,324, 427, 452, 506(ii) read with Sec.149 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 06.04.2014, the petitioner and others caused damage to the motor cycle of the defacto complainant which he questioned. On 07.04.2014 at about 9.30 p.m., the petitioner and others trespassed into the barber shop of the defacto complainant, dragged him out and the 1st accused assaulted him with iron rod. The defacto complainant lost Rs.10,000/- kept in the barber shop. His mobile phone also was lost.
3. Learned counsel submitted that the allegations are not true. There was longstanding enmity between the defacto complainant and the 1st accused. On 07.04.2014 at about 9 p.m., the defacto complainant attacked the 1st accused. Since the Police did not take any action, the 1st accused filed a private complaint.
4. Having regard to the nature of allegations made and the investigation required to be done, request for pre arrest bail cannot be allowed.
5. Learned counsel requested that the petitioner may be allowed to to surrender before the investigating officer.
6. Let the petitioner surrender before the investigating officer on 18.06.2014 and on other dates as directed by the investigating officer in case interrogation is not completed.
7. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate as early as possible where it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance.
The application is disposed of as above.
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge
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Title

Santhosh vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
12 June, 2014
Judges
  • Thomas P Joseph
Advocates
  • Sri Binu George