Vysakh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 Bail Appl..No. 3495 of 2015 ------------------------------- CRIME NO. 1180/2013 OF THRISSUR TOWN WEST POLICE STATION. .........

PETITIONER(S)/1ST 2ND ACCUSED (IN CUSTODY):

------------------------------------------------------------------------

1. VYSAKH, AGED 24 YEARS, S/O MAANIKUTTY, KOOTTAPPURATH HOUSE, AIKYA NAGAR, AYYANTHOLE P.O, THRISSUR DISTRICT - 680 003.

2. RIJESH, S/O ASHOKAN, AGED 33 YEARS, KODAMPARAMBIL HOUSE, AIKYA NAGAR, AYYANTHOLE P.O, THRISSUR DISTRICT - 680 003.

BY ADV. SRI.RAJIT RESPONDENT:

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

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3495 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioners are accused 1 and 2 in Sessions case No. 234 of 2014 on the file of the III Additional Sessions Judge, Thrissur. They have been charged with having committed the offences under Sections 109, 120B, 212 and 302 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that they along with the co-accused entered into a conspiracy for the murder of the victim and pursuant to it they committed his murder on 16.08.2013 at 6.30 p.m. The petitioners have been in custody since 21.08.2013. They pray that they may be granted bail.

3.

Heard.

4.

In the midst of the trial, the learned Sessions Judge allowed an application filed by the Public Prosecutor for further investigation as the occurrence witnesses examined by the prosecution were allegedly won over by the accused. The

B.A.No. 3495 of 2015 -: 2 :- incident allegedly happened in the presence of several people at a public place that the further investigation has delayed the disposal of the case. But learned Public Prosecutor submits that the supplementary final report will be filed within two or three weeks. So there is no doubt that the case could be disposed of within two months. In these circumstances, I am not inclined to grant the petitioners' prayer for bail.

In the result, this application is dismissed. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge