Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS THURSDAY ,THE 31ST DAY OF JANUARY 2019 / 11TH MAGHA, 1940 CRIME NO. 2518/2016 OF Kayamkulam Police Station , Alappuzha PETITIONER/ACCUSED NO.4: ASHIQU AGED 20 YEARS S/O ASHIR, KOTTAKKATTU VADAKKATHIL, KEERIKKADU, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.R.PADMAKUMAR RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031. OTHER PRESENT: PP AJITH MURALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
The petitioner herein stands arrayed as accused no.4 in crime no. 2518/2016 of Kayamkulam police station for offences punishable under sections 143, 147, 148, 149, 341 of IPC and 5(a) r/w. Section 27 of the Arms Act.
2. The allegation of the prosecution is that, due to
previous enmity, the petitioner along with several other accused on 8.9.2016 at 8.45 p.m while the defacto complainant along with another person was proceeding on a scooter, he was intercepted and thrown down. It is seen that one person sustained injury on the forehead 8x3x2 c.m. It is seen that the injured had sustained several injuries on various parts of the body. The third accused was permitted to surrender by this court by order in B.A. No.8526/2018. Having considered the nature of allegations, I am inclined to permit the petitioner to surrender before the Investigating Officer within ten days from today. If he so surrenders, after interrogation, identification and recovery, if any, he shall be produced before the jurisdictional court on the same day of surrender. The court below shall take up the bail application filed by him on the same day of his appearance with notice to the learned Assistant Public Prosecutor and shall pass appropriate orders on the same day. Sd/- SUNIL THOMAS shg JUDGE