Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 31ST DAY OF JANUARY 2013 11TH MAGHA 193 Bail Appl..No. 331 of 2013 () ----------------------------------------- CRIME NO. 25/2013 OF PERUMBAVOOR POLICE STATION , ERNAKULAM DISTRICT ............ PETITIONER(S)/ACCUSED : ----------------------------------------- PONNAPPAN, AGED 4 YEARS, VALIYAPARAMBIL HOUSE,OKKAL P.O.,ANTOPURAM, OKKAL,ERNAKULAM DISTRICT. BY ADVS.SRI.P.K.VARGHESE SRI.P.P.BIJU RESPONDENT(S)/COMPLAINANT : --------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J ----------------------------------------- B.A No.331 of 2013 --------------------------------------------------- Dated this the 31st day of January, 2013 ORDER
The petitioner is the accused in Crime No.25/2013 of Perumbavoor Police Station for having committed offences punishable under Sections 308, 324, 506(2) of IPC.
2. The allegation against the petitioner is that on 4.1.2013 at about 7.30 pm. the petitioner attacked the defacto complainant and caused injuries to him.
3. The petitioner would say that the incident has not occurred as alleged. According to the petitioner his minor daughter was continuously harassed by the defacto complainant and he has taken objection to the same. On the date of incident the minor daughter of the petitioner, while returning from the school, the defacto complainant restrained her and forcefully entrusted a photograph of the defacto complainant. The petitioner questioned the defacto complainant regarding that incident. While questioning the defacto complainant attacked the petitioner, thereby during the scuffle, the defacto complainant B.A No.331 of 2013 :
2. sustained injury.
4. The petitioner would say that he is innocent and has been falsely implicated.
5. The learned Public Prosecutor opposed the petition pointing out that the records show otherwise and further the investigation is at the initial stage.
6. After having heard the learned counsel for the petitioner, the learned Public Prosecutor and perused the records, the claim of the petitioner that he is innocent cannot be accepted. The records show that in fact the petitioner attacked the defacto complainant with dangerous weapons and serious injuries were caused to him. A further probe into the matter is unwarranted at this point of time.
7. Suffice to say that, considering the nature of allegation, the manner in which act committed, the weapon used, injuries caused and also the fact that the investigation is at the initial stage, preclude this Court from exercising its extraordinary jurisdiction in favour of the petitioner. However, if so advised, the petitioner may surrender before the Investigating Officer on or before 8.2.2013, who after interrogation, shall produce him before the JFCM Court B.A No.331 of 2013 :
3. concerned. If the petitioner moves an application for regular bail before the said court, the learned Magistrate may pass orders thereon in accordance law, on the same day itself. Sd/- P.BHAVADASAN Judge //True Copy// P. A to Judge ab