Sudhi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 Bail Appl..No. 831 of 2015 ------------------------------ CRIME NO.762/2009 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM. ...........

PETITIONER/ACCUSED NO.7 (IN REMAND):

------------------------------------------------------------- S.SUDHI, AGED 29 YEARS, S/O SURA, PUTHUVAN PUTHEN VEEDU, THODUVE CANAL PURAMBOKE, VARKALA, THIRUVANANTHAPURAM.

BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT/STATE:

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

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K.ABRAHAM MATHEW, J.

-------------------------------- B.A.No.831 OF 2015 -------------------------------- Dated this the 27th day of February, 2015

O R D E R

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

2.

Petitioner is the 7th accused in S.C.No.1060/2013 on the file of the Additional Sessions Court-II, Thiruvananthapuram. He along with co-accused, 15 in number, is alleged to have committed the offences punishable under Sections 120(B), 143, 147, 341, 109, 209, 307 and 302 read with 149 IPC and Section 27 of the Arms Act. The learned counsel submits that the petitioner has been in custody since 24.6.2012 and the co-accused have already been granted bail. 3.

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

4.

The incident took place in 2009. The petitioner was absconding. So, the case against him was split up. After he was apprehended, it was taken on the file of the trial court as S.C.1060/2012. Ordinarily, he cannot be granted bail.

B.A.No.831/2015 5.

The learned counsel submits that co-accused have already been granted bail. But the learned Public Prosecutor submits that it was an organised crime and the petitioner was the leader of it. It appears that there is much weight in the submission made by the learned Public Prosecutor. The case is ripe for trial. So, I am not inclined to grant the prayer of the petitioner.

In the result, this Bail Application is dismissed. The learned Sessions Judge shall make all efforts to dispose of the case without much delay.

SD/- K.ABRAHAM MATHEW, JUDGE.

Ps/27/2/2015