Gopu C.K v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 BAIL APPL..NO. 198 OF 2015 ------------------------------------- CRIME NO. 1626/2014 OF KOTTAYAM WEST POLICE STATION , KOTTAYAM ---------------- PETITIONER(S)/ACCUSED NO.2 :

------------------------------------------------ GOPU C.K, AGED 49 YEARS, S/O.KESAVANKUTTY NAIR, VITHONITHARAYIL, VILOONNI.P.O, ARPOOKARA, KOTTAYAM DISTRICT-686 008.

BY ADVS.SRI.C.ANILKUMAR (KALLESSERIL) SRI.P.M.MANASH RESPONDENT(S)/COMPLAINANT :

--------------------------------------------------- STATE OF KERALA, (REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION-CR.NO.1626/2014 OF KOTTAYAM WEST POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.SREEJITH V.S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-03-2015, ALONG WITH B.A.NO.9190 OF 2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - B.A.Nos.9190 of 2014 and 198 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of March 2015

ORDER

Petitions under Section 438 Cr.P.C.

2.

Petitioners in B.A.No.9190/2014 are A4, A5 and A3 and the petitioner in B.A. No.198/2015 is A2 respectively in Crime No.1626/2014 of Kottayam West Police Station registered for the offences punishable under Sections 452, 323, 294(b) and 341 IPC read with Section 34 IPC.

3.

The defacto complainant had borrowed an amount of Rs.2,00,000/- from the 1st accused on 1.5.2014 on unconscionable interest. The 1st accused had obtained a blank signed cheque leaf of the wife of the defacto complainant as security. As the entire amount was not repaid by the defacto complainant, the petitioners,

B.A.9190/2014 & 198/2015 in furtherance of their common intention, came to the house of the defacto complainant, criminally intimidated him, and took away his motor cycle bearing Reg. No.KRB-2194. It is alleged that they have wielded sword sticks towards the defacto complainant and his wife and beat, fisted and stamped the defacto complainant in the house by committing house trespass into it. The defacto complainant and his wife were severely abused. 4.

Heard the learned counsel for the petitioners, the learned counsel for the defacto complainant and the learned senior Public Prosecutor.

5.

The contents of the CD, prima facie reveal the complicity of the petitioners. The allegations against the petitioners are very grave and serious. It seems that A1 is a habitual offender and he is involved in a series of serious criminal cases, and proceedings under KAPPA were also taken against him. The other petitioners are close associates of the 1st petitioner, who

B.A.9190/2014 & 198/2015 is a known goonda.

6.

Considering the seriousness of the allegations against the petitioners and the present stage of the investigation, I am satisfied that these are not fit cases, wherein the discretionary relief of anticipatory bail can be granted to the petitioners. In the result, these Bail Applications are dismissed. Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge