Jinesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 Bail Appl..No. 7229 of 2015 ------------------------------- CRIME NO. 590/2015 OF VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT. ...........

PETITIONER/ACCUSED:

----------------------------------- JINESH, S/O.RAVI, AGED 24, PATTATHERY HOUSE, MATTATHORKUNNU VILLAGE, VASUPURAM DESOM.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.U.HARIKRISHNA RESPONDENT/STATE:

-------------------------------- THE STATE OF KERALA, REP. BY THE VELLIKULANGARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031, BY ADDL. DIRECTOR GENERAL OF PROSECUTION SRI.K.I.ABDUL RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-12-2015 ALONG WITH BA. 7369/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A. HARIPRASAD, J.

----------------------------- Bail Appl. Nos.7229 & 7369 of 2015 -------------------------------------------- Dated this the 14th day of December 2015

O R D E R

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

2. Petitioners are accused in Crime No.590 of 2015 of Vellikulangara Police station registered for the offences punishable under Secs.143, 147, 148, 120(b), 158, 201, 341, 324, 307, 302 and 109 read with Sec.149 of the Indian Penal Code and Sec.27 of the Arms Act.

3. Heard the learned Senior Counsel appearing for accused nos.1 to 9 and 11 to 18, the counsel for the 10th accused and the learned Additional Director General of Prosecution.

4. Learned Senior Counsel for the petitioners submitted that the accused nos.1 to 6 alone allegedly participated in the overt act and other accused are roped in on the allegations like causing disappearance of evidence, abetment, conspiracy etc.

5. Learned Additional Director General of Prosecution strongly opposed the bail application contending that all the accused persons were conspired

Bail Appl. Nos.7229 & 2 and confabulated together before the incident. The plan so hatched was executed by some of the accused. Active role played by all the accused persons are evident from the materials in the case diary.

6. Learned counsel for the 10th accused submitted that he is roped in with a feeble allegation and in custody for 98 days.

7. I have carefully gone through the materials in the case diary. I have called for a report from the Trial Court. It is mentioned in the report that the trial can be commenced from 01.12.2015 and it can be finished before 02.07.2016.

8. Considering the nature of allegations and the report of the learned Sessions Judge, I am not inclined to grant bail to the petitioners at present.

In the result, the bail applications are dismissed. The trial Court shall make all efforts to dispose of the case as mentioned above.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/14/12/2015 P.A. To Judge