Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH FRIDAY,THE8H DAY OF NOVEMBER201317TH KARTHIKA, 1935 Bail Appl..No. 7417 of 2013 () ---------------------------------------- CRIME NO. 1016/2013 OF CHITTUR POLICE STATION , PALAKKAD -------------- PETITIONER/PETITIONER/1ST ACCUSED: ----------------------------------------------------------- MAHENDRAN, AGED34YEARS, S/O.M.K.ARUMUGHAN, POST OFFICE ROAD, HIDAYATH NAGAR, MEENKSHIPURAM, PALAKKAD - 678 533. BY ADVS.SRI.NIRMAL. S SMT.VEENA HARI RESPONDENT/RESPONDENT/COMPLAINANT: ----------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM COCHIN - 682 031. BY PUBLIC PROSECUTOR SMT.LELIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0811-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ THOMAS P. JOSEPH, J --------------------------------------- B.A.No.7417 of 2013 ---------------------------------------- Dated this the 8th day of November, 2013 ORDER
Petitioner is the first accused, in Crime No.1016 of 2013 of the Chittur East Police Station for the offences punishable under Sections 341, 323 308 r/w Section 34 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has submitted that on 03-09-2013 at the Office of the Engineer of Irrigation Department, the petitioner along with others attempted to cause death of the defacto complainant. It is alleged that the petitioner aimed a knife at the neck of the defacto complainant but it fell on his cheek and caused injury to him. It is submitted that the weapon of offence is not recovered. It is also submitted that the petitioner is involved in five other crimes which are detailed as under:
1. Chittur Police Station: a) Crime No. 584 of 2006 under Sections 341, 323, 324, 506(ii) r/w Section 34 of the Indian Penal Code. b) Crime No.128 of 2010 under Sections 341, 332, 353, 294(b) and 506 of the Indian Penal Code. c) Crime No.65 of 2007 under Sections 147, 148, 323, B.A.No.7417 of 2013 2 324, 452, 447, 506(i) r/w Section 149 of the Indian Penal Code. d) Crime No.1034 of 2013 in which proceeding is initiated against the petitioner under Section 107 of the Cr.P.C. 2) Puthunagaram Police Station: a) Crime No.359 of 2013 under Sections 143, 147, 148, 323, 324, 120(B) and 308 r/w Section 34 of the Indian Penal Code. b) Crime No.913 of 2013 in which proceeding is initiated against the petitioner under Section 107 of the Cr.P.C.
3. Learned counsel submitted that in all the above cases, petitioner is falsely implicated on account of political enmity. It is submitted that the petitioner is a member of the Perumatty Grama Panchayath since the last 8 years and on the relevant day, election of representative of the farmers was scheduled be held in the Office of the Engineer of the Irrigation Department. There was dispute regarding early discharge of water. It is submitted that the petitioner is falsely implicated. Learned counsel, referring to the statement given by the defacto complainant submits that he was not able to specify the weapon and instead, he only said about a sharp edged B.A.No.7417 of 2013 3 weapon. According to the learned counsel, accused 2 and 3 are already released on bail.
4. Having regard to the nature of allegations made against the petitioner and his antecedents, I am not inclined to think that this a fit case for the grant of anticipatory bail particularly as the weapon of offence is not recovered. Petitioner has either to surrender before the investigating officer or before the Court concerned and seeks bail. Application is dismissed with the above direction. Sd/- THOMAS P. JOSEPH, JUDGE AS /True Copy/ P.A.to Judge