Basheer vs State Of Kerala on 18 June, 2007

Kerala High Court
Basheer vs State Of Kerala on 18 June, 2007




Bail Appl No. 3557 of 2007()

                      ...  Petitioner


                       ...       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.

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                   B.A.Nos. 3557, 3568 & 3569  of   2007

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                   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

alleged motive.

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

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