Rashid v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937 Bail Appl..No. 4321 of 2015 () ------------------------------- CRIME NO. 531/2015 OF PARIYARAM POLICE STATION, KANNUR DISTRICT --------------------- PETITIONER/ACCUSED NO.2 :

----------------------------------------- RASHID, AGED 23 YEARS, S/O.HAMSA, THATTIKOOTI HOUSE, PARIYARAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH S.H.O. PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DT.

BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4321 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the second accused in Crime No.531 of 2015 of Pariyaram Police Station Kannur District. He along with the co-accused is said to have committed the offences under Sections 143, 147, 148, 307, 333, 342, 379 read with Section 149 of the Indian Penal Code and Section 20 of the Protection of River Banks and regulation of removal of Sand Act.

3.

The prosecution case is that they were found transporting river sand without any permit or other authority. When the police intercepted the vehicle they assaulted the Sub Inspector with dangerous weapons causing him very serious injuries.

4.

Heard.

5.

The learned counsel submits that taking into consideration the period of custody, the petitioner may be granted bail.

B.A. No.4321 of 2015 6.

The application is opposed.

7.

The petitioner has been in custody since 26.05.2015. But the investigation has revealed that he is the kingpin behind the incident. Because of the injuries sustained by the Sub Inspector his statement could not be recored so far. It appears that it is not in public interest to grant bail to the petitioner at this stage.

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