Kerala High Court
Unknown vs By Adv. Sri.M.Ramesh Chander on 3 January, 2012
Author: P.S.Gopinathan
Bench: P.S.Gopinathan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
TUESDAY, THE 3RD DAY OF JANUARY 2012/13TH POUSHA 1933
BA.No. 10949 of 2011 ()
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CRIME NO.1755/2011 OF KANNUR TOWN POLICE STATION, KANNUR DIST.
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PETITIONER/ACCUSED (UNDER CUSTODY)
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AFSAL P.P., AGED 22 YEARS, S/O.ASHRAF,
DARU-SALAM, P.O. AADIKADALAYI
KANNUR.
BY ADV. SRI.M.RAMESH CHANDER,
SRI.ANEESH JOSEPH.
RESPONDENT/COMPLAINANT/STATE:
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STATION HOUSE OFFICER,
KANNUR TOWN POLICE STATION
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, KOCHI-31.
BY PUBLIC PROSECUTOR MR.K.K. RAJEEV.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 03-01-2012 , THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs
P.S.GOPINATHAN, J.
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B.A.No.10949 OF 2011
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Dated this the 3rd day of January, 2012
O R D E R
~~~~~~~ Petition under Section 439 of the Code of Criminal Procedure. Petitioner is one of the accused in Crime No. 1755/2011 of Kannur Town Police Station for offences punishable under Sections 450 and 395 IPC. He was arrested on 14.11.2011. Eversince he is in judicial custody. His earlier application for bail as B.A.No.10262/2011 was dismissed for the reason that the investigation is not over and there is likelihood of influencing and intimidating the prosecution witnesses and making himself scarce and fleeing from justice. The learned Government Pleader submitted that there are altogether ten accused and that the petitioner is the 2nd accused and the other accused could not be apprehended despite the earnest effort of the investigating officer and that the investigation is in midway and there is no change of circumstance.
2. Having heard either side, I find merit in the submission made by the learned Government Pleader. B.A.No.10949/2011 2 Therefore, time is not ripe enough to release the petitioner. Petition is dismissed.
(P.S.GOPINATHAN, JUDGE) ps/3/1