Sharafudeen v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 Bail Appl..No. 3027 of 2015 ------------------------------- CRIME NO. 95/2015 OF MANNANCHERRY POLICE STATION, ALAPPUZHA DISTRICT. .............

PETITIONER/5TH ACCUSED:

----------------------------------------- SHARAFUDEEN, AGED 21 YEARS, S/O.NAZAR, VELIYATHUPARAMBIL HOUSE, NETTOOR P.O., ERNAKULAM - 682 040.

BY ADVS.SRI.SHABU SREEDHARAN SRI.S.VIJAYAN SRI.N.MUHAMMAD SAJU SRI.C.PAULOSE SRI.SREEDHARAN KARATTA SMT.RESHMA ABDUL RASHEED RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3027 of 2015 ............................................... Dated this the 8th day of June, 2015

O R D E R

Petition filed u/s.439 Cr.P.C.

2. Petitioner is the 5th accused in Crime No. 95 of 2015 of Mannancherry Police Station registered for the offences under sections 143, 144, 147, 148, 149, 447, 342, 324, 326, 302, 118, 150, 212 and 120(B) IPC and section 27 of the Arms Act. The prosecution case is that pursuant to the conspiracy entered into between the petitioner and the co-accused, they committed murder of one 'Venugopal', attacking him with swords and iron pipes. They were hired by the wife of the accused No. 7. Learned counsel submits that final report has already been filed and the petitioner has been in custody since 04.05.2015 and he may be granted bail.

3. Heard.

4. The offence was committed in 29.01.2015. The case records show that he was absconding after the incident. He could be arrested only on 04.05.2015. Final report has already been filed. Learned Public Prosecutor submits that he is involved in

B.A.No. 3027 of 2015 ::2::

other criminal cases also. It appears that if he is released on bail, there is every likelihood of his absconding and intimidating witnesses. So, I am not inclined to grant him bail. In the result, this application is dismissed. The learned Sessions Judge may try to dispose of the case without delay. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge