IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3955 of 2007()
1. M.M.AYOOB,S/O.M.M.MOYDUNNI,
... Petitioner
Vs
1. STATE REPRESENTED BY C.I. OF POLICE
... Respondent
For Petitioner :SRI.S.NIRMAL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :02/07/2007
O R D E R
R. BASANT, J.
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B.A.No. 3955 of 2007
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Dated this the 2nd day of July, 2007
O R D E R
Application for regular bail. Petitioner is the first accused.
He allegedly went to the house of the deceased with culpable
intention to attack the brother of the deceased. The deceased
intervened and tried to save his brother. At that time the petitioner
planted the stab on the deceased. He succumbed to the injuries. The
alleged incident took place on 6.5.2007. He continues in custody
from 7.5.2007. It is the case of the prosecution that the petitioner is
an employee of the second accused and there were bitter disputes,
differences and acrimony between the second accused and the
brother of the deceased. The petitioner, along with the second
accused, had gone to the house of the defacto complainant allegedly
with questionable and culpable motives. The second accused was
arrested and released on bail as per Annex.A3 order dt 28.5.2007 by
the learned Sessions Judge.
2. The learned counsel for the petitioner submits that the
investigation has made much progress. The petitioner has remained
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in custody from 7.5.2007. The alleged co-conspirator and the one, at whose
instance the petitioner allegedly committed the crime, has already been
enlarged on bail. In these circumstances it is prayed that the petitioner may
also be enlarged on bail.
3. The learned Prosecutor opposes the application. He submits that
the defacto complainant and his relatives are facing threat from the accused.
He has already come to this Court with an application for affording police
protection for him. In these circumstances the petitioner may not be
enlarged on bail at this early stage of investigation. Grant of bail to the
second accused may not be reckoned as a circumstance justifying grant of
regular bail to the petitioner. The nature of involvement of the two
accused are entirely different. At any rate, the Investigators may be granted
some further time to complete the investigation, submits the Prosecutor.
4. I do not want to express any opinion on the correctness of the
grant of regular bail to the second accused by the Sessions Judge as per
Annex.A3. Suffice it to say, I am satisfied that the petitioner, who is
alleged to have indulged in the overt acts which led to the death of the
deceased, can or ought to be released on bail at this stage. In a serious
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crime like this, the Investigators are entitled for reasonable further time to
complete the investigation.
5. This application is, in these circumstance, dismissed. But I may
hasten to observe that the petitioner shall be at liberty to move the learned
Sessions Judge or this court for bail again at a later stage of the
investigation, not at any rate, prior to 16.7.2007. The Investigators shall, in
the meantime, make every endeavour to complete the investigation.
(R. BASANT)
Judge
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