IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl No. 3557 of 2007() 1. BASHEER, ... Petitioner 2. MUHAMMED MUSTHAFFA, Vs 1. STATE OF KERALA, ... Respondent For Petitioner :SRI.P.VIJAYA BHANU For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice R.BASANT Dated :18/06/2007 O R D E R R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 3557, 3568 & 3569 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of June, 2007 O R D E R
The petitioners are accused 1 to 4 and 6 to 8 in a prosecution,
inter alia, under Section 302 r/w. 149 I.P.C. The prosecution alleges
that on 6.5.07 at 8 p.m. the petitioners were members of an unlawful
assembly of persons, who, armed with sticks and stones, trespassed
into the house of the deceased and attacked the deceased causing fatal
injuries on him. The members of the family of the deceased had also
allegedly suffered injuries. Investigation is in progress. The
petitioners were arrested on various dates between 10.5.07 and
18.5.2007. Family disputes between the rival contestants is the
2. The learned counsel for the petitioners submits that the
incident even allegedly is the off shoot of a family dispute. There are
other cases between the two sides, including the allegation that the
sister of one of the accused had been raped, which incident allegedly
took place two years back. Investigation is almost complete. In
B.A.Nos. 3557, 3568 & 3569 of 2007
these circumstances a lenient view may be taken and the petitioners may be
enlarged on bail, it is prayed.
3. The learned Prosecutor opposes the application. He submits that
the investigation is not complete. The disputes between the rival
contestants disturb the law and order situation in the locality. It is too early
to enlarge the petitioners on bail at this stage.
4. I find merit in the opposition by the learned Prosecutor.
Considering the nature of the allegations, the background, the stage of
investigation etc. I am persuaded to agree that the petitioners are not
entitled to be released on bail now.
5. These applications are in these circumstance dismissed. But I
may hasten to observe that the petitioners shall be at liberty to move the
courts – this Court or the Sessions Court – for bail again at a later stage of
the investigation, not at any rate, prior to 2.7.2007. The Investigator shall,
in the meantime, make every endeavour to complete the investigation and
place all relevant facts before this court.
(R. BASANT) tm Judge