IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6093 of 2006()
1. BIJU, S/O.ARJUNAN, AJUBHAVANIL,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.A.SHAJI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :16/10/2006
O R D E R
J.M.JAMES, J.
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B.A. 6093/2006
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DATED THIS THE 16TH DAY OF OCTOBER, 2006
O R D E R
The petitioner, the seventh accused, in crime
No.579/2006 of Kottiyam Police Station, is before this
Court under Section 439 Cr.P.C., as he is in judicial
custody from 25.9.2006, for the offence punishable under
Sections 143, 147, 148, 450, 324, 326, 307, 427, 341, 506
(ii) and 120B IPC read with Section 149 IPC.
2. I heard the elaborate arguments advanced by
the learned counsel for the petitioner. It is submitted that
accused Nos. 2 and 3 had already been granted bail. The
learned Public Prosecutor submitted that the Investigating
Officer had appeared before him, to take steps to cancel
the bail, granted to those accused. It is also further
submitted by the prosecution that the occurrence took
place, because of the rivalry between the two factions of
the locality and if the petitioner is released on bail at this
stage, it would affect the law and order situation of the
B.A.6093/2006
2
area. Further submission is that there is an application
posted to 25th and this matter may also be posted on the
same day.
3. But the counsel for the petitioner submitted
that because of the granting of bail to accused Nos. 2
and 3 and the pendency of this matter, it would be
against the natural justice and that the seventh accused
is in jail from 25.9.2006.
4. After hearing both sides, I am of the opinion
that granting of the bail to the petitioner would be
against the interest of the prosecution, particularly when
the learned Public Prosecutor submits that the
prosecution is taking steps to cancel the bail, granted to
accused Nos. 2 and 3.
In such circumstances, the prayer under
Section 439 Cr.P.C., is dismissed.
J.M.JAMES
JUDGE
mrcs