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High Court of KeralaBail Appl./532/2015dismissed

Ajeesh v. State Of Kerala

2015-02-04Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 Bail Appl..No. 532 of 2015 -------------------------------------- CRIME NO. 1553/2014 OF PANDALAM POLICE STATION , PATHANAMTHITTA DISTRICT -------------------- PETITIONER(S)/ACCUSED :

------------------------------------------ AJEESH, AGED 28 YEARS, S/O.ACHUTHAN, AJEESH BHAVAN, ALTHARAPPADU, MEZHUVELI VILLAGE.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.V.VINAY RESPONDENT(S) & STATE :

----------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031, (CRIME NO.1553/2014 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT).

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` B.A. No.532 of 2015 ````````````````````````````````````````````````````````````` Dated this the 4th day of February, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 2nd accused in Crime No.1553/2014 of Pandalam Police Station registered for the offence punishable under Section 394 read with Section 34 IPC.

3.

The allegation against the petitioner and the 1st accused is that on 11.11.2014 at 7.30 p.m., with a view to committing robbery, they slapped one Varghese Philip on both his cheeks, thereby he fell down, at the Sreevalsam Bar at the western side of the MC Road, Kulanada. Thereafter, they lifted him up and again, beat him severely and snatched away the purse contained `2,700/- from his shirt pocket. The petitioner has been in custody for the period from 11.12.2014 onwards.

BA.532/2015 : 2 :

4.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

5.

It has been reported that the petitioner is a habitual offender involved in a series of serious criminal cases. It has been reported that the petitioner is the accused in Crime Nos.70/2009, 269/2010, 288/2011, 162/2012, 216/2012, 489/2013 and 683/2011 also of Pandalam Police Station, over and above the present case. It seems that proceedings under Section 107 Cr.P.C. have been initiated against the petitioner. Considering the fact that the petitioner is a habitual offender involved in a series of serious criminal cases and the seriousness of the allegations against him, I am of the view that the petitioner is not entitled to be enlarged on bail.

In the result, this Bail Application is dismissed. Sd/- (B.KEMAL PASHA, JUDGE) aks/04/02