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Udayan (A1) vs State Of Kerala on 26 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

FRIDAY ,THE 26TH DAY OF OCTOBER 2018 / 4TH KARTHIKA, 1940

Bail Appl..No. 1724 of 2018

CRIME NO. 2822/2017 OF Chathannoor Police Station , Kollam

PETITIONER/1st ACCUSED:

UDAYAN (A1)
AGED 26 YEARS,S/O.MANI, UDYA BHAVANAM,KUREEPPALLY,
KOLLAM DISTRICT.

BY ADVS.
SRI.BINU GEORGE
SMT.HEMALATHA

RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA – 682 031.

SMT. PUSHPALATHA M.K, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2018,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No. 1724/2018 :2:

ORDER

The petitioner is the first accused in Crime No. 2822 of 2017 of

Chathannoor Police Station, Kollam for offences punishable under Sections

143, 147, 451, 341, 323 and 354 r/w Section 149 of IPC.

2. The allegation against the petitioner is that on 23.12.2017, at 9.30

p.m., the first accused along with four identifiable persons, unlawfully

assembled themselves with an intention to commit crime and trespassed into

the house of the de facto complainant and caught hold the neck of the de faco

complainant and brought about from the house and hit above his right eye and

kicked him down and the four other identifiable persons dragged him through

the floor and fisted on his back and chest. It is further alleged that while the de

facto complainant attempted to obstruct the same, he caught hold on her heir

and pushed her down and the parents of the de facto complainant were also

attacked by the accused.

3. The learned counsel for the petitioner submits that the petitioner is

innocent of the allegations levelled against him and the case was fabricated

due to previous political enmity.

4. I have heard the learned Public Prosecutor as well.

5. It is come out that the de facto complainant has not sustained any

serious injuries. All other offences except Section 354 IPC are bailable

offences and there is no ingredients to attract Section 354 IPC. Therefore, I

am inclined to grant anticipatory bail to the petitioner.
B.A.No. 1724/2018 :3:

In the result, this application is allowed and the SHO, Chathannoor Police

Station is directed to enlarge the petitioner on bail in the event of his arrest on

execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two

solvent sureties each for the like sum to the satisfaction of the Investigating

Officer.

ANNIE JOHN,
JUDGE.

Rv
B.A.No. 1724/2018 :4:

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