IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7748 of 2008()
1. BINOJ KUMAR, S/O. BALAKRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :09/02/2009
O R D E R
K.HEMA, J.
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B.A. No.7748 OF 2008
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Dated this the 9th day of February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 144, 147,
148, 324, 302, 120(B) and 149 of I.P.C. According to
prosecution, on 28.09.2008, accused nos.1, 2, 8 to 11
conspired to commit murder of the deceased and accused
nos.1 to 6 committed the offences. Accused nos.1 to 5, in a car
and sixth accused, in a motor bike went to the deceased, while
he was talking with the defacto complainant on 01.10.2008 at
about 6 p.m. Both of them ran away, the deceased was chased
and he was brutally attacked with swords, axe etc. and he
sustained fatal injuries and he succumbed to injuries from the
hospital.
3. Learned counsel for petitioner submitted that
petitioner is implicated on the basis of a statement given by
the co-accused. Petitioner is innocent of the allegations made.
He is implicated only because he is a worker of the BJP and
the deceased is a CPM worker.
B.A.No.7748 of 2008
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4. This petition is opposed. Learned Public Prosecutor
submitted that there is ample evidence in the case diary to
connect petitioner with the crime. Petitioner is the ninth
accused. He had taken part in the conspiracy and this was
witnessed by CW 37. The incident occurred as early as on
01.10.2008 and petitioner is not available for arrest and
interrogation. Petitioner is required for interrogation. This is
not a fit case to grant anticipatory bail, it is submitted.
On hearing both sides, considering the serious nature of
the allegations made and the fact that petitioner is required
for interrogation to elicit facts within his exclusive knowledge,
I find that this is not a fit case to grant anticipatory bail. The
incident occurred as early as on 01.10.2008 and hence, the
following order is passed :
i) Petitioner shall surrender before the
investigating officer forthwith and co-operate
with the investigation. Whether he surrenders
or not, police is at liberty to arrest him and
proceed in accordance with law.
B.A.No.7748 of 2008
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ii) No further application for anticipatory bail by
petitioner in this crime will be entertained by
this court.
The petition is dismissed.
K.HEMA, JUDGE
pac