Majunatha Udupa v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Bail Appl..No. 2357 of 2015 ---------------------------------------- CRIME NO. 375/2013 OF ADHUR POLICE STATION , KASARGOD DISTRICT ---------------- PETITIONER(S)/ACCUSED 1 TO 4 :

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1. MANJUNATHA UDUPA, AGED 30 YEARS, S/O.SHANKARANARAYANA UDUPA, RESIDING AT THANTRIKA SADANA HOUSE, SHREE VISHNUMOORTHI TEMPLE, KUNTAR, ADHUR VILLAGE, POST KUNTAR-671 543, KASARAGOD TALUK AND DISTRICT.

2. KEERTHI PRASAD.K, AGED 26 YEARS, S/O.LATE CHANDROJI RAO, RESIDING AT HUNSADKA HOUSE, KUNTAR, ADHUR VILLAGE, POST KUNTAR-671 543, KASARAGOD TALUK AND DISTRICT.

3. LATHIS KUMAR K.H., AGED 26 YEARS, S/O.SASHIKALA.H., RESIDING AT HUNSADKA HOUSE, KUNTAR, ADHUR VILLAGE, POST KUNTAR-671 543, KASARAGOD TALUK AND DISTRICT.

4. VENUGOPAL P.O., AGED 40 YEARS, S/O.P.KRISHNA BHAT, RESIDING AT SAROLIMOOLE HOUSE, POST KARNOOR, ISHWARAMANGALA, PUTTUR TALUK, D.K.DISTRICT, KARNATAKA.

BY SRI.M.RAMESH CHANDER (SENIOR ADVOCATE) ADVS.SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENT(S)/COMPLAINANT & STATE :

---------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA , KOCHI-682 031 BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 2357 of 2015 ==================== Dated this the 2nd day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners have allegedly committed the offences under sections143,147, 365, 392 read with 149 of IPC. The prosecution case is that as the first informant converted from Hindu to Islam, the petitioners kidnapped him and robbed him of the amount he had with him.

3. Heard.

4.Learned Public Prosecutor submits that the earlier application, Bail Application No. 6998 of 2013 filed by the petitioners was dismissed by this Court and the second application is not maintainable. Annexure -3 is the earlier order in the Bail Application. Without any subsequent development the second application is not maintainable.

In the result, this application is dismissed. The submission of learned counsel that the petitioners will surrender before the Investigating Officer is recorded.

Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge