Mohesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 1937 Bail Appl..No. 2440 of 2015 () ------------------------------- CRIME NO. 87/2011 OF THUMBA POLICE STATION, THIRUVANANDAPURAM ------------------ PETITIONER/IST ACCUSED :

-------------------------------------- MOHESH, AGED 29 YEARS,S/O MOHANAN, MANKKATTUVILAKATH VEEDU, WEST OF CHIRA, NEHRU JUNCTION, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.G.PRAMOD RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, THUMBA POLICE TRIVANDRUM DISTRICT (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).

BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.2440 of 2015 -------------------------------------------- Dated this the 25th day of May 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.87 of 2011 of the Thumba Police station registered for the offences under Secs.3 and 4 of the Explosive Substances Act. The accusation is that he along with the co-accused went to the house of the first informant and threw country bomb at her.

3. Heard both sides.

4. The motive for the attack is said to be the refusal of the sister in law of the first informant to withdraw the complaint she had lodged against the petitioner which resulted in registration of Crime No.635 of 2010. The First Information Statement clearly shows that it was the petitioner who threw the bomb.

5. Learned counsel for the petitioner submits that though the petitioner was available in the locality for about four years, the Police did to even arrest him which

Bail Appl. No.2440 of 2015 2 shows that they were satisfied that the allegation is not true. On the other hand, learned Public Prosecutor submits that the petitioner was absconding.

6. I am not satisfied that this is a fit case to invoke the jurisdiction of this Court under Sec.438 Cr.P.C.

In the result, the bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge