Kerala High Court
Ansar @ Ansar Faizal vs State Of Kerala on 24 September, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 24TH DAY OF SEPTEMBER 2012/2ND ASWINA 1934
Bail Appl..No. 6987 of 2012 ()
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CRIME NO. 937/2012 OF CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT
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PETITIONERS/ACCUSED NO.4 & 5 :
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1. ANSAR @ ANSAR FAIZAL,
AGED 21 YEARS, S/O.AMEER, THEKKE SANKARATHIL VEEDU
KADAKKADU MURI, KURAMBALA VILLAGE, ADOOR.
2. SHAFEEK, AGED 22 YEARS, S/O.SAINUDDEEN, PANCHALAYAM VEEDU,
KADAKKADU MURI, KURAMBALA VILLAGE, ADOOR.
BY ADV. SRI.GOKUL DAS V.V.H.
RESPONDENT/COMPLAINANT:
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. VIJU THOMAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-09-2012,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.BHAVADASAN, J.
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B.A. No.6987 of 2012
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Dated this the 24th day of September, 2012
O R D E R
Petitioners are accused Nos.4 and 5 in Crime No.937 of 2012 of Chengannur Police Station, for having committed offences punishable under Sections 120B, 143, 144, 147, 148, 342, 323, 324, 307, 302 and 212 read with 149 IPC.
2. The incident which gave rise to the case occurred on 16.7.2012 at 10.45 a.m, on account of their political rivalry with the ABVP workers, the accused persons in furtherance of their common object to commit culpable homicide formed themselves into an unlawful assembly and under the leadership of One Nasim and Ashik, allegedly went near the main gate of the Christian College at Chengannur armed with deadly weapons and allegedly attacked the defacto complainant Vishnu Prasad, one Vishal Kumar and Sreejith and attempted to commit their murder. The above attack was done allegedly with a dagger and thereby caused serious injuries to them. The above named Vishal succumbed to his injuries on 17.7.2012. Thereby the accused persons are alleged to have committed the above offences. The petitioners have continued custody from 19.7.2012 onwards.
3. The learned counsel for the petitioners points out that the petitioners were innocent and falsely implicated in the case. It is also B.A. No.6987 of 2012 2 contented that no overt act as such have been attributed against the petitioners. It is also pointed out that their continued custody is unnecessary.
4. The learned Public Prosecutor very vehemently opposed the petition. Investigation is still progressing and at this stage petitioners are released on bail, it will affect the investigation.
5. The allegations are true and the matter is serious in nature. Under such circumstances, it is felt that it may not be proper to grant bail to the petitioners at this stage.
Petition is accordingly, dismissed.
P. BHAVADASAN, JUDGE cms