IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7130 of 2008()
1. ABDUL JABBAR.K.K.,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH THE SUB
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :27/11/2008
O R D E R
K.HEMA, J.
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B.A.No.7130 of 2008
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Dated this the 27th November, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 143, 147,
148, 341, 452, 506(ii) and 307 read with Section 149 IPC.
According to prosecution, petitioner (A2) along with other
accused formed into an unlawful assembly, armed with deadly
weapons, committed rioting and assaulted the defacto
complainant in prosecution of the common object of assembly
while defacto complainant was riding a motor cycle and
attempted to commit murder.
3. Learned counsel for petitioner submitted that
petitioner has not committed any overt act, even as per the
prosecution allegations. Petitioner was only a member of the
unlawful assembly and no overt act is attributed against
petitioner and hence, he may be granted bail. Petitioner was
arrested on 28.10.2008 and he is in custody for a very long time.
4. Learned public prosecutor opposed this bail
BA No. 7130 /2008 2
application and submitted that petitioner is involved in three
cases in which offence under Section 307 IPC was committed.
Petitioner was on bail in crime no.105/08 of the same police
station and while on bail, petitioner committed this offence, that
too immediately on the next day of his release on bail. On the
next day also, he committed another offence. In such
circumstances, if he is released on bail, it is likely that he will be
a threat to the society and he is also likely to influence and
intimidate witnesses and tamper with evidence.
5. On hearing both sides, I am satisfied of the
submissions made by learned public prosecutor and I do not find
it fit to grant bail to the petitioner at this stage.
The petition is dismissed.
K.HEMA, JUDGE
csl