High Court Kerala High Court

Muhammed Ali vs State Of Kerala on 18 December, 2006

Kerala High Court
Muhammed Ali vs State Of Kerala on 18 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7370 of 2006()


1. MUHAMMED ALI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.M.K.CHANDRA MOHANDAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/12/2006

 O R D E R
                              V.RAMKUMAR, J.

                    -------------------------------------

                          B.A.No. 7370 OF  2006

       -----------------------------------------------------------

            DATED THIS THE 18TH DAY OF DECEMBER, 2006


                                  O R D E R

Petitioner who is the 6th accused in Crime No.345/01 of

Hill Palace Police Station for offences punishable under sections

489B and 489C read with section 34 IPC, seeks his enlargement

on bail. He was arrested on 1.9.2006.

2. While disposing of the earlier bail application filed by

the petitioner as B.A.No.6323/06, this court in its order dated

21.11.2006 observed as follows:

The grievance of the petitioner is that the learned Sessions Judge

had again dismissed his bail application without complying with

the above directions.

3. When the matter was ascertained through the

Sessions Judge, as per letter dated 15.12.2006, the Sessions

Judge has informed this court that the above direction was not

brought to his notice either by the counsel for the petitioner or by

the Prosecutor. Hence it has become necessary for directing the

Sessions Judge to consider the said direction once again as and

BA.7370/06

Page numbers

when an application for bail is filed by the petitioner. The

counsel for the petitioner also submitted that except the first

accused, all other accused who faced trial have been acquitted by

the trial court. The learned Sessions Judge shall consider this

aspect of the matter also while disposing of the bail application.

Accordingly, if the petitioner files an application for bail before

the Sessions Judge, Ernakulam within three days from today, the

same shall be considered and disposed of, preferably on the

same date on which it is filed.

With this direction, this petition is disposed of.

V.RAMKUMAR, JUDGE

dsn