Mohanan @ Auto Mohanan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 Bail Appl..No. 7153 of 2015 -------------------------------------- CRIME NO. 205/2002 OF MALAYINKEEZH POLICE STATION, THIRUVANANTHAPURAM .......

PETITIONER(S)/1ST ACCUSED:

--------------------------------------------- MOHANAN @ AUTO MOHANAN, AGED 42, S/O. SUKUMARAN NADAR, M P XV/569, MAACHINADU, THACHOTTUKAVU, MALAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SASITH RESPONDENT(S):

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

2. THE SUB INSPECTOR OF POLICE, MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM - 695 001.

BY SENIOR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

------------------------------------------------ B.A.No.7153 of 2015 ------------------------------------------------- Dated this the 26th day of November, 2015

O R D E R

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

2.

Petitioner, the accused in Crime No.205 of 2002 of Malayinkeezhu Police Station registered for the offences punishable under Sections 324, 307, 302 & 201 r/w Section 34 of the Indian Penal Code, seeks bail.

3. Prosecution case is that the petitioner and the second accused were engaged in sale of illicit arrack. When the deceased questioned their illicit action the petitioner along with other accused attacked the deceased on 16.06.2002 at about 07.00 p.m. The petitioner stabbed the victim to death and voluntarily caused hurt to another witness with a dangerous sword.

4.

Heard both sides.

5.

Learned Public Prosecutor strongly opposed the bail application. Leaned Prosecutor produced a report showing that the petitioner is involved in 14 cases, out of which 2 are offences punishable under Section 302 IPC

B.A.No.7153 of 2015 inter alia other offences. Rest of the offences are also very serious offences. It is seen from the records that the petitioner secured bail earlier and he jumped bail for a long time.

6.

Considering the antecedents of the petitioner and the nature of the allegations, I am not inclined to grant bail to the petitioner.

Bail application is dismissed.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. To Judge