IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4959 of 2008()
1. IBRAHIM, AGED 25 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.T.K.VIPINDAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :18/08/2008
O R D E R
K.HEMA, J.
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B.A. No. 4959 OF 2008
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Dated this the 18th day of August, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Sections 143, 147, 307,
316 & 120B read with Section149 of I.P.C. According to the
prosecution, on 3/03/2008 the accused trespassed into the
courtyard of the house of the defacto complainant. Accused Nos.1
to 3 poured acid on the body of the defacto complainant, his
pregnant wife and servant with an intention to kill them. The
death of quick unborn child in the womb was caused because of
the injury sustained and the three sustained serious injuries.
2. Learned counsel for the petitioner submitted that the
petitioner has no role in the crime and he has been unnecessarily
implicated as an accused No.8 in the crime. No specific
allegations are made against him. He has surrendered before the
court on 23/07/2008 and he is in custody since then.
3. Learned Public Prosecutor submitted that the
investigation is in the preliminary stage and granting of bail to
B.A. No. 4959 OF 2008
2
the petitioner at this stage will adversely affect the investigation,
on the facts and nature of the allegations made in this case. It
was submitted that the offence was committed against the
injured at the instance of the first wife of the defacto
complainant. It is the relative of the first wife, who are involved
in the crime. There was conspiracy and the petitioner is the
person who arranged the money for the commission of the
offence. He was also present in the spot at the time of occurrence
in the terms of Sessions Court by A1 and A3. The nature of
offence of the petitioner and various others are involved into,
hence this petition is opposed.
On hearing both sides and in the nature of allegations
made, I am satisfied that the release of the petitioner on bail at
this stage will adversely affect the investigation and hence this
petition is dismissed.
K.HEMA, JUDGE
scm