High Court Kerala High Court

Jyothish vs State Of Kerala on 18 March, 2008

Kerala High Court
Jyothish vs State Of Kerala on 18 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1695 of 2008()


1. JYOTHISH,
                      ...  Petitioner
2. SUDHEER, S/O.MADATHILVEETTIL THILAKAN,
3. NOBILKUMAR, S/O. ANANDHAN,
4. JAISON, S/O. CHALAMANAMIL DEVASIA,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.K.SAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :18/03/2008

 O R D E R
                         R. BASANT, J.

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                  B.A. No. 1695 OF 2008 B
          ````````````````````````````````````````````````````
           Dated this the 18th day of March, 2008

                            O R D E R

Application for regular bail. Petitioners are

accused nos.1 to 4. They now face allegations of having

committed offences punishable under sections 120 B and 399

IPC. The crux of the allegations against them is that the 10th

accused had contacted them for the purpose of coming to his

Asram and to indulge in acts of violence against his

adversaries. Accordingly, nine accused persons are alleged

to have come to the premises of the 10th accused in

pursuance of the conspiracy armed with dangerous weapons.

Application for anticipatory bail of A10 has already been

dismissed. Accused Nos.5 to 9 were arrested and released

subject to appropriate conditions, after they spent some time

in custody.

2. The petitioners, who were arrested on 8.2.08, have

BA.1695/08
: 2 :

come before this Court with a prayer that they may also be

granted regular bail. The learned Public Prosecutor opposes

the application. The learned Public Prosecutor submits that

the petitioners have criminal antecedents. They are involved

in several crimes including crimes under sections 395 and

302 IPC. In these circumstances, the petitioners may not be

granted bail at this early stage of investigation, submits the

learned Public Prosecutor.

3. Having considered all the relevant inputs, I find

merit in the opposition by the learned Public Prosecutor. I am

not persuaded to grant regular bail to the petitioners at this

early stage in a case like the instant one and in a case where

the petitioners/accused have such criminal antecedents. The

investigating officer is certainly entitled for further time to

complete the investigation in a crime like this.

4. In the result, this petition is dismissed. However, I

may hasten to observe that the petitioners shall be at liberty to

move this court for bail again at later stages of the

BA.1695/08
: 3 :

investigation not, at any rate, prior to 1.4.2008. The

investigating officer shall, in the meantime, make every

endeavour to complete the investigation.

(R.BASANT, JUDGE)
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