Noushad @ Pravu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 Bail Appl..No. 1327 of 2015 () ------------------------------- CRIME NO. 507/2014 OF YEROOR POLICE STATION, KOLLAM PETITIONER/A1:

-------------- NOUSHAD @ PRAVU, AGED 32 YEARS, S/O.BADARUDEEN, PULILMOOTTIL VEEDU, NEAR YEROOR MUSLIM MOSQUE, YEROOR MURI, YEROOR VILLAGE, KOLLAM DISTRICT.

BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT/STATE:

----------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, YEROOR POLICE STATION, KOLLAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/12/3/15

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` B.A. No.1327 of 2015 ````````````````````````````````````````````````````````````` Dated this the 12th day of March, 2015

O R D E R

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

2.

Petitioner is the 1st accused in Crime No.507/2014 of Yeroor Police Station, Kollam district, registered for the offences punishable under Sections 457, 461 and 380 read with Section 34 IPC.

3.

The allegation against the petitioner is that some time in between 7.30 p.m. on 09.05.2014 and 6 a.m. on 10.05.2014, he committed lurking house trespass into the sanctum sanctorum of Sree Maha Ganapathy Temple, Yeroor by smashing the lock of its gate, and by forcing open three coffers therein, he committed theft of around ₹7,000/-. The petitioner has been in custody for the period from 22.09.2015 onwards.

4.

Heard learned counsel for the petitioner and the

BA.1327/2015 : 2 :

learned Public Prosecutor.

5.

The learned Public Prosecutor has pointed out that the petitioner is an accused in five crimes of similar nature. Considering the series of similar criminal antecedents on the part of the petitioner, I am of the view that the petitioner is not entitled to be enlarged on bail. The investigation is over and the final report has been filed. It is not at all safe to enlarge the petitioner on bail. In the result, this bail application is dismissed. The court below shall take immediate necessary steps for an expeditious disposal of the matter, as the petitioner has been in custody for the period from 22.09.2014 onwards. Sd/- (B.KEMAL PASHA, JUDGE) aks/12/03 // True Copy // PA to Judge