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High Court of KeralaBail Appl./809/2015dismissed

Anoop @ Ajesh v. State Of Kerala

2015-02-16Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 Bail Appl..No. 809 of 2015 ------------------------------------ CRIME NO. 1202/2014 OF THIRUVALLA POLICE STATION , PATHANAMTITTA ------------------ PETITIONER(S)/IST ACCUSED:

------------------------------------------- ANOOP @ AJESH, AGED 32 YEARS S/O.KUNJUMON, SWARNAMALA HOUSE, PARIATTUKADAVU VALLAMKULAM KIZHAKKUM MURI, ERAVIPEROOR VILLAGE THIRUVALLA TALUK.

BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

B.KEMAL PASHA, J.

................................................................ B.A. No.809 OF 2015 ............................................................... Dated this the 16th day of February, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the first accused in Crime No.1202/2014 of the Thiruvalla Police Station, Pathanamthitta registered for the offence punishable under Sections 394 of the Indian Penal Code.

3.

The allegation against the petitioner and the other accused is that on 16.06.2014 at 6 pm, they, with the common intention of committing robbery, wrongfully restrained the defacto complainant and his wife on the road, while they were walking through the road, and beat the defacto complainant. The first petitioner forcibly snatched away ₹2,500/- and some documents including I.D.Card of his wife, photograph of the mother of the defacto complainant etc. and also his mobile phone wroth ₹1,700/-.

B.A.No. 809 of 2015 -: 2 :- He was severely beaten up. His wife was also attacked. Thereafter, the accused flood away from the scene with the booty. The petitioner has been in custody for the period from 06.01.2015 onwards.

4.

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

5.

The contents of the CD, prima facie, reveal the complicity of the petitioner. The investigation of this case is over and final report has been filed within a short span of time. The allegations against the petitioner are very grave and serious. In fact, the allegations point towards an offence of highway robbery. Considering the seriousness of the allegations against the petitioner, 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 ul/- [True copy] P.S. to Judge