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Geo, S/O.Joy Vs. State of Kerala - Court Judgment

LegalCrystal Citation
CourtKerala High Court
Decided On
Judge
AppellantGeo, S/O.Joy
RespondentState of Kerala
Excerpt:
.....3.---------------------------------------------- 1. geo, s/o.joy aged 2 years, kannampuzha house,west koratty, thrissur.2. joy, aged 4 years, kannampuzha house, west koratty p.o, thrissur district.3. shajan, aged 4 years, s/o.paulo, kannampuzha house, west koratty. by advs.sri.p.p.thajudeen, sri.mansoor.b.h. respondent/complainant/state: ------------------------------------------------------- state of kerala, rep. by public prosecutor, high court of kerala, ernakulam 68 031. 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: prv. p.bhavadasan, j.--------------------------------------------- b.a. no.454 of 2013 --------------------------------------------- dated this the 29th day of.....
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. 454 of 2013 (A) ----------------------------------------- [CRIME NO. 52/2013 OF KORATTY POLICE STATION , THRISSUR DISTRICT] ............ PETITIONERS/ACCUSED 1 TO 3.---------------------------------------------- 1. GEO, S/O.JOY AGED 2 YEARS, KANNAMPUZHA HOUSE,WEST KORATTY, THRISSUR.

2. JOY, AGED 4 YEARS, KANNAMPUZHA HOUSE, WEST KORATTY P.O, THRISSUR DISTRICT.

3. SHAJAN, AGED 4 YEARS, S/O.PAULO, KANNAMPUZHA HOUSE, WEST KORATTY. BY ADVS.SRI.P.P.THAJUDEEN, SRI.MANSOOR.B.H. RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 68 031. 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: Prv. P.BHAVADASAN, J.

--------------------------------------------- B.A. No.454 of 2013 --------------------------------------------- Dated this the 29th day of January, 2013 ORDER The petitioners are accused 1 to 3 in Crime No.52/2013 of Koratty Police Station, who were alleged to have committed the offences punishable under Section 341, 323, 324, 354, 452, 506(ii) r/w 34 of IPC.

2. Allegation against the petitioners is that on 11.1.2013 at about 9 p.m. they trespassed into the house of the de facto complainant and attacked her causing injuries.

3. The petitioners would say that they are innocent and have been falsely implicated. According to them, the facts are not as stated by the de facto complainant. There was boundary dispute between the parties and in order to settle the dispute, a mediation was conducted in the presence of the Panchayat President. The mediation failed and there took place an altercation between the parties in which the de facto complainant suffered injuries.

4. After having heard the learned counsel for the petitioners and the learned Public Prosecutor and after having perused the records, the claim of the petitioners that they are B.A.No.454/2013 :2: innocent seems to be quite unacceptable. There are materials available in the CD to show that the petitioners trespassed into the house of the de facto complainant and attacked her. Suffice it to say that considering the nature of allegations, the manner in which the offence was committed, weapons used, injuries suffered by the victim and also the fact that investigation is at an infant stage preclude this Court from exercising the extraordinary jurisdiction in favour of the petitioners. The petition is accordingly dismissed.

5. However, the petitioners, if so advised, may surrender before the Investigating Officer on or before 5.2.2013, who after interrogation shall produce them before the JFCM court concerned, which court, on bail applications being moved by the petitioners, may dispose of the same in accordance with law, preferably on the same day itself. P.BHAVADASAN, Judge. okb.


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