IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1741 of 2007()
1. MUJEEB, S/O. KOYAKUTTY,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :27/03/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1741/2007
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Dated this 27th day of March, 2007
O R D E R
The petitioner, who is the first accused in Crime
No.62/2007 of Panniyankara Police Station for offences
punishable under Sections 341, 307 and 302 IPC read with
Section 34 IPC, seeks his enlargement on bail.
2. The learned Public Prosecutor opposed the
application.
3. The case of the prosecution is that at about 8.30.p.m
on 31.1.2007, the defacto complainant and his friend while
sitting on a corporation ground saw all the three accused
persons consuming liquor. After 15 minutes, the accused
picked up a quarrel with the defacto complainant and then went
away. Consequently at 9.15 p.m., the accused 1 to 3 came there
in a motorcycle and obstructed the defacto complainant and
Mahesh. The first accused took out a soda bottle and beat the
defacto complainant who fell down. Thereafter, the first accused
took out a knife and stabbed him. When Mahesh intervened to
prevent the first accused from stabbing the defacto complainant,
he was also stabbed. In that attempt Mahesh succumbed to the
injuries on the way to the hospital.
B.A.1741/2007
2
4. This is a case in which after the initial quarrel, the
accused had mounted a fresh attack on the defacto complainant
and his friend, resulting in the deceased sustaining fatal injuries.
Having regard to the facts and circumstance of the case, the
present stage of the investigation and the duration of the judicial
custody of the petitioner, I am not inclined to grant bail to the
petitioner.
This application is accordingly dismissed.
V.RAMKUMAR,
JUDGE
mrcs