High Court Kerala High Court

Jayan @ Jayachandran vs State Of Kerala Represented By on 18 December, 2009

Kerala High Court
Jayan @ Jayachandran vs State Of Kerala Represented By on 18 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7265 of 2009()


1. JAYAN @ JAYACHANDRAN, AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.JOHNSON GOMEZ

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :18/12/2009

 O R D E R
          M.SASIDHARAN NAMBIAR,J.
           ------------------------------------------
              B.A.NO.7265 OF 2009
           ------------------------------------------
           Dated 18th          December 2009

                         O R D E R

Petitioner is the third accused in

crime No.762/2009 of Varkala police station

registered for the offences under Sections

143, 147, 148, 149, 120B, 109, 302 and 307

of Indian Penal Code and Section 27 of Arms

Act. Petitioner had earlier filed bail

application No.6188/2009 which was

dismissed by this court on 25/9/2009. This

petition is filed for bail contending that

he was arrested on 30/9/2009 and since then

he has been in custody. Learned counsel

submitted that petitioner was not in anyway

involved in the incident and his motor bike

which was taken by ninth accused on the

representation that he need the bike to see

the proposed bride and petitioner was not

BA 7265/09 2

aware of the incident at all and in such

circumstances, bail is to be granted.

2. Learned Public Prosecutor

submitted that case is under investigation

and this court while passing Annexure-A2

order had occasion to peruse the case diary

and dismissed the application and when the

investigation is in progress it is not in the

interest of justice to release the petitioner

on bail.

3. I find force in the submission.

In the nature of the offences alleged,

whether the petitioner was actually involved

in the incident or not are all matters to

be properly investigated. He cannot be

released on bail at this stage.

Petition is dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.