Kerala High Court
Lalu Kumar vs State Of Kerala on 17 November, 2014
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY,THE 17TH DAY OF NOVEMBER 2014/26TH KARTHIKA, 1936
Bail Appl..No. 8143 of 2014
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CRIME NO. 924/2014 OF POTHENCODE POLICE STATION.
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PETITIONER(S)/ACCUSED PERSONS 1 - 8:
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1. LALU KUMAR, S/O. CHANDRAN PILLAI,
AGED 26 YEARS, MADATHILKULANGARA VEEDU,
PLAMOODU, AYIROOPPARA VILLAGE,
THIRUVANANTHAPURAM.
2. RANJITH, S/O. RAVEENDRAN NAIR, AGED 21 YEARS,
MADATHILKULANGARA VEEDU, PLAMOODU,
AYIROOPPARA VILLAGE, THIRUVANANTHAPURAM.
3. SIVAN, S/O. SREEKANTAN NAIR, AGED 30 YEARS,
VISHNU BHAVAN, MYLADUM MUKAL DESOM,
MURAMEL, VEMBAYAM VILLAGE,
THIRUVANANTHAPURAM.
4. SREENIVASAN @ KUNJUMON, AGED 29 YEARS,
S/O. KARUNAKARAN NAIR, MEENA BHAVAN,
MADATHILKULANGARA, PLAMOODU,
AYIROORPARA VILLAGE, THIRUVANANTHAPURAM.
5. ABHILASH @ UNNI, AGED 28 YEARS,
S/O. GOPALAKRISHNAN NAIR, VASANTHA VILASAM,
CHITTIKKARA, PLAMOODU, AYIROORPARA VILLAGE,
THIRUVANANTHAPURAM.
6. BHUVANESH B NAIR, AGED 23 YEARS,
S/O.BHUVANACHANDRAN NAIR,
THADATHARIKATHU VEEDU, CHITTIKKARA, PLAMOODU,
AYIROORPARA VILLAGE, THIRUVANANTHAPURAM.
7. HARI, AGED 25 YEARS, S/O. SOMASEKHARAN NAIR,
SOORYALAYAM, CHITTIKKARA, PLAMOODU,
AYIROORPARA VILLAGE, THIRUVANANTHAPURAM.
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Bail Appl..No. 8143 of 2014
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8. RANJITH @ KUTTU, AGED 27 YEARS,
S/O. SASIDHARAN, S.J. BHAVAN, PLAMOODU,
CHRUKONAM, VEMBAYAM VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.SRI.G.P.SHINOD
SRI.RAM MOHAN.G.
SRI.GOVIND PADMANAABHAN
SRI.AJIT G.ANJARLEKAR
RESPONDENT(S)/COMPLAINANT STATE AND THE INVESTIGATING OFFICER:
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1. STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE,
POTHENCODE POLICE STATION, POTHENCODE,
THIRUVANANTHAPURAM.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 17-11-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
B. KEMAL PASHA, J.
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B.A. No.8143 of 2014
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Dated this the 17th day of November, 2014
O R D E R
~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C.
2. Petitioners are the accused in Crime No.924/2014 of Pothencode Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 324, 332 and 307 read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioners is that when a law and order situation had arisen near Ayirooppara junction at 6.15 p.m on 09.10.2014 in a clash between the persons attached to two political groups, the police party under the leadership of the de facto complainant reached there for disbursing the miscreants. Then, they deliberately turned towards him and attacked him, thereby attempting to commit his murder. It seems that very serious injuries were BA.8143/2014 : 2 : inflicted on him thereby he had to undergo treatment at the Medical College Hospital, Thiruvananthapuram. It seems that A4 to A8 had surrendered before the investigating officer on 20.10.2014 and thereafter, A1 to A3 have surrendered on 27.10.2014.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that all the petitioners have a series of serious criminal antecedents on their part. They are accused in 9 crimes of Pothencode Police Station as noted below:-
(1) Crime No.925/2014 for the offences under Sections 143, 147, 148, 149, 452 and 427 IPC.
(2) Crime No.926/2014 for the offences under Sections 143, 147, 148, 323, 447 and 427 IPC.
(3) Crime No.927/2014 for the offences under Sections 143, 147, 148, 149, 452, 506(ii) and 427 IPC. (4) Crime No.928/2014 for the offences under Sections 143, 147, 148, 149, 452 and 427 IPC.
BA.8143/2014 : 3 : (5) Crime No.931/2014 for the offences under Sections 143, 147, 148, 149, 447, 284(b) and 341 IPC. (6) Crime No.932/2014 for the offences under Sections 143, 147, 148, 149, and 332 IPC.
(7) Crime No.933/2014 for the offences under Sections 143, 147, 148, 149, 447, 452, 427, 294(b) and 506(i) IPC.
(8) Crime No.935/2014 for the offences under Sections 143, 147, 148, 149, 447 and 452 IPC.
(9) Crime No.936/2014 for the offences under Sections 143, 147, 148, 149, 294(b), 452, 506(i) and 427 IPC.
Considering the series of serious criminal antecedents on the part of the petitioners and the seriousness of the allegations against them, I am of the view that the petitioners are not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/17/11 // True Copy // PA to Judge