Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 29TH DAY OF JANUARY 2013 9TH MAGHA 193 Bail Appl..No. 470 of 2013 () ----------------------------- CRIME NO. 60/2013 OF NORTH PARAVOOR POLICE STATION , ERNAKULAM ----------- PETITIONER/ACCUSED: ------------------- A A PAVITHRAN, AGED 4 YEARS,S/O APPUKUTTAN, AMMANCHERIL HOUSE,MANNAM.P.O.,N.PARAVOOR. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/COMPLAINANT/STATE: ------------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA REPRESENTING STATION HOUSE OPFFICER NORTH PARAVOOR POLICE STATION,ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.BHAVADASAN, J.
--------------------------------------------- B.A. No.470 of 2013 --------------------------------------------- Dated this the 29th day of January, 2013 ORDER A Junior Superintendent, who worked on the day of strike was obstructed and beaten up by the petitioner and crime was registered as Crime No.60/2013 of North Paravoor Police Station for having committed the offences punishable under Section 341, 506(1) and 332 of IPC.
2. The petitioner would say that he is innocent and has been falsely implicated.
3. Learned Public Prosecutor opposed the petition and pointed out that the investigation is at an infant stage.
4. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the CD, the claim of the petitioner that he is innocent cannot be accepted. There are materials to show that he was involved in the crime. A deeper probe into the matter is not warranted at this point of time. Suffice it to say that considering the nature of allegations, the manner in which the offence was committed, obstructions caused to the de facto complainant and also the fact that the investigation is at an infant stage, preclude B.A.No.470/2013 :2: this Court from exercising the extraordinary jurisdiction in favour of the petitioner. The petition is without merits. It is accordingly dismissed.
5. However, if the petitioner is so advised, he may surrender before the Investigating Officer on or before 5.2.2013, who after interrogation shall produce him before the JFCM court concerned, which court, on bail application being moved by the petitioner, may dispose it of in accordance with law, preferably on the date of production itself. P.BHAVADASAN, Judge. okb.