Shyju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 Bail Appl..No. 6102 of 2015 () ------------------------------- CRIME NO. 887/2015 OF NEMOM POLICE STATION , THIRUVANANTHAPURAM DISTRICT -------------- PETITIONER(S)/ACCUSED 1 TO 3:

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1. SHYJU, S/O.VIJAYAM, SHIJI VILASAM, 40TH MILE, THENMALA, THENMALA DESOM, THENMALA VILLAGE, PATHANAPURAM, KOLLAM DISTRICT.

2. PRADEEP @ BULB KANNAN, S/O.DAYANANDAN, BINDU BHAVAN, CHAMALKARA, OOKKODU, UPANIYOOR, KALLIYOOR VILLAGE.

3. RAJAGOPAL,S/O.GANGADHARAN, VARUVILAKATHU PUTHEN VEEDU, NEAR SREE THAMPURANKAVU, OOKKODU, KALLIYOOR VILLAGE.

BY ADV. SRI.R.GOPAN RESPONDENT/COMPLAINANT:

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

BY SR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

------------------------------------------------ B.A.No.6102 of 2015 ------------------------------------------------- Dated this the 6th day of October, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioners are accused Nos.1 to 3 in Crime No.887 of 2015 of Nemon Police Station registered for the offences punishable under Sections 120B, 201, 452 and 302 r/w Section 34 of the Indian Penal Code. 3.

Prosecution case is that on 26.05.2015 at about 07.30 p.m., the accused persons with their common intention of attacking a handicapped person aged 60 years for not permitting the accused persons for consuming liquor from his house, attacked him by 07.30 p.m., by using chopper, which resulted in his death. 4.

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

5.

Leaned Public Prosecutor opposed the bail application. The report submitted by the Investigating Officer shows that the first accused is involved in 13 cases

B.A.No.6102 of 2015 of grave nature and the second accused is in 17 cases and other accused is also involved in offences.

6.

Considering the antecedents of the petitioners and the fact that a final report has already been filed in this case, I am not inclined to grant bail to the petitioners. Bail application is dismissed.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge