High Court of KeralaBail Appl./6536/2015disposed of

Naveen v. State Of Kerala

2015-10-27Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 Bail Appl..No. 6536 of 2015 ------------------------------------- CRIME NO. 321/2015 OF PAVARATTY POLICE STATION, THRISSUR ------------------ PETITIONER(S)/ACCUSED NOS. 1,2 4 & 6:

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1. NAVEEN, AGED 22 YEARS, S/O.VELAYUDHAN, PATTALLY VEEDU, PUVATHOOR, NEAR AYYAPPA TEMPLE, THRISSUR DISTRICT.

2. PRAMOD, S/O.RAVI AGED 30 YEARS, PANIKKAN HOUSE, AYIRAMKANNI TEMPLE, VATANAPPILLY VILLAGE, THRISSUR DISTRICT.

3. VIASYAK, S/O.VINOD, MOOKKOLA VEEDU, AGED 28 YEARS, CHUKKU BAZAR, VENMANAD PO, THRISUR DISTRICT.

4. BIJU, AGED 34 YEARS, S/O.SANJARANARAYANAN, KONTHACHAN VEEDU, CHUKKU BAZAR VENMENAD, PAVARATTY, THRISSUR DISTRICT. BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.V.C.SARATH SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S)/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6536 of 2015 -------------------------------------------- Dated this the 27th day of October 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioners are accused nos.1,2,4 and 6 in Crime No.321 of 2015 of Pavaratty Police station registered for the offences punishable under Secs.143, 147, 148, 341, 506(ii), 326, 120B, 109, 212 and 302 read with Sec.149 of the Indian Penal Code and Sec.27 of the Arms Act. Prosecution case is that on 01.03.2015 at about 7.30 p.m., the accused persons, on account of political hostility towards the deceased and his associates, attacked the deceased with lethal weapons and he succumbed to the injuries while undergoing treatment.

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

4. Learned counsel for the petitioners submitted that as per Annexure D order, this Court granted bail to

Bail Appl. No.6536 of 2015 2 accused nos.3,5 and 7 with conditions. At that time, the plea advanced by the petitioners was turned down.

5. Learned Public Prosecutor opposed the bail application contending that most of the accused persons are involved in various political crimes and there is every chance of having a breach of peace in the area. Further, the matter is now pending in a committal proceedings. Considering the nature of allegations and the possibility of breach of peace in the area, I am not inclined to grant bail to the petitioners at present. However, it is made clear that after the committal, the accused may move the Court of Sessions and if change of circumstance could be established, the Court of Sessions may consider the application untrammeled by any of the observations in this order.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/27/10/2015 P.A. To Judge