IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7479 of 2006()
1. SHIJU ANTONY, AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.JOHN JUDE ISSAC
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/12/2006
O R D E R
V. RAMKUMAR, J.
---------------------------
B.A.7479 OF 2006
---------------------------
Dt. DECEMBER 19, 2006
ORDER
Petitioner who is the 3rd accused in Crime No.209/2006
of Mararikulam Police Station under secs.143, 447, 302 and
506(ii) read with sec.149 I.P.C., seeks his enlargement on
bail. The occurrence took place in the night of 28.8.2006.
The petitioner was arrested on 5.10.2006.
2. The learned Public Prosecutor opposed the
application.
3. 34 year old Nazeer who was found with fatal
injuries including 8 broken ribs in the night of 28.8.2006
was rushed to the Taluk Headquarters Hospital at Cherthala
where he succumbed to the injuries. The case was
originally registered under sec.174 Cr.P.C. for unnatural
death. Subsequent investigation by the police has revealed
the involvement of five persons including the petitioner.
They were all members of a gang who eke their livelihood
through pickpocketing, sale of narcotic drugs, extortion
and other crimes for hire and they used to share the booty
among themselves. The deceased was one among them. He had
decided to leave the company of the accused. Fearing that
he would reveal the trade secrets and betray them and that
B.A.7479/2006 2
he could turn dangerous, he was persuaded to the Chithira
Bar at Alappuzha under the guise of celebrating the night.
Thereafter he was taken in an autorickshaw to a lonely
place and was brutally manhandled culminating in his
eventual death. The petitioner has sufficiently bad
antecedents and is an absconding accused in a case pending
before the magistrate’s court. The 2nd accused in the case
who is the brother-in-law of the petitioner is still at
large and he can be apprehended only if the petitioner is
detained in custody. I am not inclined to grant bail at
this stage of investigation. This petition is accordingly
dismissed.
(V.RAMKUMAR, JUDGE)
mt/-