IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4824 of 2007()
1. AJESH, S/O. ASOKAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.V.VENUGOPALAN NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :13/08/2007
O R D E R
R.BASANT, J.
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B.A.No.4824 of 2007
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Dated this the 13th day of August 2007
O R D E R
Application for regular bail. The petitioner is the second
accused. Altogether there are two accused persons. The alleged
incident took place on 06/07/2007. The crux of the allegations
raised by the prosecution is that the accused persons A1 and A2
had picked up a quarrel with the deceased earlier on that day.
On account of that animosity, both of them allegedly went to the
house of the victim, armed with dangerous weapons. The
deceased was residing alone in the house on the relevant date.
He was allegedly subjected to a brutal attack with dangerous
sticks by accused 1 and 2. The deceased allegedly succumbed to
the injury on the same night. The petitioner was arrested on
9/7/2007. He continues in custody from 09/07/2007. The
learned counsel for the petitioner submits that the petitioner is
absolutely innocent. He is a boy aged about 18 years. He had
completed the age of 18 years shortly prior to the date of
occurrence. He does not have any specific motive against the
B.A.No.4824/07 2
deceased. There is no eye witness to the occurrence. At any
rate, the petitioner aged about 18 years who has been in custody
from 9/7/2007 may now be enlarged on bail, submits the learned
counsel for the petitioner.
2. Application is opposed by the learned Public
Prosecutor. I find merit in the opposition by the learned Public
Prosecutor. Investigation is not complete. I have gone through
the case diary. The available indications do point to the
complicity of the petitioner. I agree with the learned Public
Prosecutor that it is too early to consider the release of the
petitioner on bail.
3. In the result, this petition is dismissed. However, I
may hasten to observe that the petitioner shall be at liberty to
move this court or the Sessions court for bail again at later
stages of the investigation not, at any rate, prior to 24/08/2007.
The investigating officer shall, in the meantime, make every
endeavour to complete the investigation.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.4824/07 3
B.A.No.4824/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007