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Antony Tom vs the State of Kerala

Antony Tom vs The State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2019
~2 min read
https://sooperkanoon.com/case/1851416

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./2730/2018

Parties & Advocates

Appellant / Petitioner

Antony Tom

Respondent

The State of Kerala

Excerpt

.....kerala. 2 the station house officer panangad police station-682506. other present: pp ajith murali this bail application having come up for admission on 28.02.2019, the court on the same day passed the following:o r d e rthe petitioners stand arrayed as accused no.1 & 2 in crime no.8/2018 of panangad police station for offences punishable under sections 452, 324 & 294(b) of ipc.2. the allegation of the prosecution is that on 31.12.2017 at 9 p.m the petitioners herein intercepted the defacto complainant and attacked him. crime was registered and the petitioners apprehending arrest, seek bail.3. it was pointed out by the learned counsel for thepetitioners that serious injuries are not inflicted in this case. it was further contended that a counter case was registered as crime no.2/2018 on the same day. both the case diaries show that there was an exchange of blows and the first petitioner herein also sustained some injuries. having considered this and in the absence of anything to show that the petitioners have any criminal antecedents, i am inclined to permit them to surrender before the investigating officer within ten days from today. if they so surrender, after interrogation and recovery, if any, they shall be produced before the jurisdictional court on the same day of surrender. the courtbelow shall take up the bail application filed by them on the same day of their appearance with notice to the learned assistant public prosecutor having due regard to the fact that very serious injuries are not seen inflicted in this case and a counter case has been registered in the relation to an incident that happened on the same day and time and shall pass appropriate orders on the same day.sd/- sunil thomas shg judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS THURSDAY ,THE 28TH DAY OF FEBRUARY 2019 / 9TH PHALGUNA, 1940 AGAINST THE ORDER/JUDGMENT IN CRMC 657/2018 of DISTRICT COURT & SESSIONS COURT, ERNAKULAM CRIME NO. 8/2018 OF Panangad Police Station , Ernakulam PETITIONERS/ACCUSED 1 & 2: 1 ANTONY TOM @ SHYAM AGED 52, S/O.ANTONY, PULICKAL HOUSE, NEDUTHURUTHY 2 FELIX ANTONY AGED 20, S/O.ANTONY TOM, PULICKAL HOUSE, NEDUTHURUTHY BY ADV. SRI.MANU ROY RESPONDENTS/COMPLAINANT/STATE: 1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2 THE STATION HOUSE OFFICER PANANGAD POLICE STATION-682506. OTHER PRESENT: PP AJITH MURALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

The petitioners stand arrayed as accused no.1 & 2 in crime no.8/2018 of Panangad police station for offences punishable under Sections 452, 324 & 294(b) of IPC.

2. The allegation of the prosecution is that on 31.12.2017 at 9 p.m the petitioners herein intercepted the defacto complainant and attacked him. Crime was registered and the petitioners apprehending arrest, seek bail.

3. It was pointed out by the learned counsel for the

petitioners that serious injuries are not inflicted in this case. It was further contended that a counter case was registered as crime no.2/2018 on the same day. Both the case diaries show that there was an exchange of blows and the first petitioner herein also sustained some injuries. Having considered this and in the absence of anything to show that the petitioners have any criminal antecedents, I am inclined to permit them to surrender before the Investigating Officer within ten days from today. If they so surrender, after interrogation and recovery, if any, they shall be produced before the jurisdictional court on the same day of surrender. The court

below shall take up the bail application filed by them on the same day of their appearance with notice to the learned Assistant Public Prosecutor having due regard to the fact that very serious injuries are not seen inflicted in this case and a counter case has been registered in the relation to an incident that happened on the same day and time and shall pass appropriate orders on the same day.

Sd/- SUNIL THOMAS shg JUDGE

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