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High Court of KeralaBail Appl./3114/2015dismissed

Akhilesh v. State Of Kerala

2015-06-12Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Bail Appl..No.3114 of 2015 ------------------------------------- CRIME NO.296/2014 OF MATTANNUR POLICE STATION,KANNUR. ...

PETITIONER/ACCUSED:

----------------------------------- AKHILESH,AGED 25 YEARS,S/O.DAMODARAN NAMBIAR, MURIKKAL HOUSE,PERINCHERI,KAYANI P.O,KANNUR D.T BY ADV.SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.3114 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

The petitioner is alleged to have committed the offences under Sections 143, 147, 148, 452, 506(ii) read with Section 149 of Indian Penal Code and Section 3 and 5 of Explosive Substances Act.

3.

The allegation is that at midnight on 16.03.2014 he along with the co-accused hurled bomb at their political opponents.

4.

Heard.

5.

The learned counsel submits that there is no allegation of the petitioner doing any overt act. In the nature of the case whether the petitioner did any overt act is insignificant. He was in the company of the second accused who allegedly hurled the bomb. He was a member of the unlawful assembly. The attack was due to political enmity. Though he has been in custody since 21.05.2015, it is not proper to grant him bail at this

B.A. No.3114 of 2015 stage as there is every likelihood of his threatening or influencing the witnesses.

In the result, this application is dismissed. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge