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High Court of KeralaBail Appl./5407/2015dismissed

Muhammed Mustafa v. State Of Kerala

2015-09-10Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 Bail Appl..No. 5407 of 2015 () ------------------------------- SC 116/2015 PENDING BEFORE SESSIONS COURT, KALPETTA ---------------- PETITIONER/2ND ACCUSED :

--------------------------------------- MUHAMMED MUSTAFA, AGED 33 YEARS, S/O.SOOPY, AAKOOL HOUSE, PADINHARATHARA P.O., MANANTHAVADY TALUK, WAYANAD DISTRICT.

BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT :

------------------------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR MR. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5407 of 2015 ------------------------------------------------ Dated this the 10th day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the second accused in crime No.11/2007 of Padinharathara Police Station registered for offences punishable under Sections 449, 120B, 302, 307 and 397 r/w 34 I.P.C.

3.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4.

The matter is now pending in Sessions Case No.116/2015 of Sessions Court, Kalpetta, Wayanad. The accused was originally enlarged on bail. Later, he absconded. 5.

Learned Public Prosecutor opposed the bail application contending that trial in respect of first accused is over and he is convicted in that matter. Considering the nature of allegations and the previous antecedent of the petitioner (second accused), I am not inclined to grant bail to the

B.A No.5407 of 2015 2 petitioner. Learned Sessions Judge shall expedite the trial of the case and try to finish it within a period of six months from today. Bail application is dismissed.

Sd/- A.HARIPRASAD, amk JUDGE. //True copy// P.A to Judge