Satheesan vs State Of Kerala on 13 October, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6148 of 2006()


1. SATHEESAN, AGED 37 YEARS,
                      ...  Petitioner
2. RAMESH, AGED 26 YEARS,
3. SUDEEN, AGED 38 YEARS,
4. SUJITH, AGED 24 YEARS,
5. JOSHY, AGED 34 YEARS,
6. BHASKARAN, AGED 32 YEARS, S/O.DHARMAN,
7. JOY @ BIJOY, AGED 20 YEARS,
8. SHAJI @ BLACK SHAJI, S/O.KUTTAN,
9. SURYAN KUTTAN @ SATHYAN, AGED 35 YEARS,
10. PANCHABI SAHTYAN @ SATHYAN,
11. PAZHACHAKKA SIVAN @ SIVAKUMAR,
12. KUTTAPPAN DADA @ KISHORE,
13. MANOJ, S/O.NATARAJAN, KOZHYSSERY HOUSE,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.G.SURESH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

 Dated :13/10/2006

 O R D E R
                             J.M.JAMES, J.

                                --------------

                            B.A. 6148/2006

                              ------------------

   DATED THIS THE 13TH DAY OF OCTOBER, 2006




                                O R D E R

The petitioners, accused 1 to 13, are before

this Court, under Section 439 Cr.P.C., in crime

No.275/2006 of Mathilakam Police Station, Thrissur

District, for the offence punishable under Sections 143,

147, 148, 448, 324, 307 and 302 IPC read with Section 34

IPC and also under Section 27 of the Arms Act. The

petitioners are in judicial custody, having arrested on

different dates. The learned counsel for the petitioners

submits that ninety days are over and therefore, prayed

for bail.

2. The learned Public Prosecutor submits that the

petitioners are belonging to a particular gunda group of

the locality and there was the death of a person, belonging

to the opposite gunda group. If the petitioners are

released on bail, they would repeat the same offence and

there is also threat to their lives, from the group of the

B.A.6148/2006

2

person, who died. In such circumstances of the case,

the learned Public Prosecutor submits that bail may be

refused, as the final report had already been filed.

3. As the investigation is being complete and the

final report having filed, I direct the learned Magistrate

to immediately commit the case to the Sessions Court,

and the prosecution shall ensure that the witnesses are

produced on summons from the Sessions Court and the

learned Sessions Judge shall complete the trial at the

earliest, in any case within three months from the date

of receipt of the committal records, to that Court.

The application is dismissed as above.

J.M.JAMES

JUDGE

mrcs