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[Cites 9, Cited by 1]

Kerala High Court

Kamarudheen.M.S vs The S.H.O on 27 March, 2012

Author: M.Sasidharan Nambiar

Bench: M.Sasidharan Nambiar

       

  

  

 
 
 IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE M.SASIDHARAN NAMBIAR

TUESDAY, THE 27TH DAY OF MARCH 2012/7TH CHAITHRA 1934

Bail Appl..No. 1862 of 2012 ()
------------------------------
CRIME NO.1120/11 OF HOSDURG P.S

PETITIONER/ACCUSED(S):
----------

          KAMARUDHEEN.M.S,, AGED 20 YEARS
          S/O SHAMSUDHHEN, PADIKKAL HOUSE, THEKKEPPURAM
          AJANUR VILLAGE

          BY ADV. SRI.C.K.SREEJITH

RESPONDENTS/ COMPLAINANT(S):
---------------

       1. THE S.H.O., HOSDURG POLICE STATION,
          REPRESENTED BY PUBLIC PROSECUTOR
          HIGH COURT OF KERALA, ERNAKULAM

       2. THE STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR
          HIGH COURT OF KERALA, ERNALULAM

          BY PUBLIC PROSECUTOR SRI.R.RANJITH

         THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27-03-2012,
ALONG WITH BA 1863/12THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



            M.SASIDHARAN NAMBIAR,J.
            ---------------------------------------------
             B.A.NO. 1862 & 1863 OF 2012
            ---------------------------------------------
            Dated         27th     March,        2012

                             ORDER

Petitioner is the 9th accused in Crime No.1120/2011 of Hosdurg police station, registered for the offences under Sections 143, 147, 148, 323, 307 and 153 A read with Section 149 of Indian Penal Code and fifth accused in Crime No.1055/2011 of the same police station, registered for the offences under Sections 143, 147, 148, 452, 427, 308, 506(ii) and 153 A read with Section 149 of Indian Penal Code. Petitioner was arrested on 14/2/2012 in Crime No.1120/2011 and on 29/2/2012 in crime No.1055/2011.

2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

3. Argument of the learned counsel 1862 & 1863/12 2 appearing for the petitioner is that as he has been in custody from 14/2/2012, he be released on bail.

4. Learned Public Prosecutor opposed the petition and pointed out that subsequent to the incident in these cases occurred on 10/10/2011, even in 2012 petitioner has committed similar offences and if petitioner is released on bail, it would adversely affect proper investigation.

5. Considering the nature of the offences, possibility of the petitioner intimidating the witnesses and as petitioner is further involved in similar offences, it is not in the interest of the justice to release the petitioner at this stage.

Petitions are dismissed.

M.SASIDHARAN NAMBIAR, JUDGE.

uj.