IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7265 of 2009()
1. JAYAN @ JAYACHANDRAN, AGED 26 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :18/12/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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B.A.NO.7265 OF 2009
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Dated 18th December 2009
O R D E R
Petitioner is the third accused in
crime No.762/2009 of Varkala police station
registered for the offences under Sections
143, 147, 148, 149, 120B, 109, 302 and 307
of Indian Penal Code and Section 27 of Arms
Act. Petitioner had earlier filed bail
application No.6188/2009 which was
dismissed by this court on 25/9/2009. This
petition is filed for bail contending that
he was arrested on 30/9/2009 and since then
he has been in custody. Learned counsel
submitted that petitioner was not in anyway
involved in the incident and his motor bike
which was taken by ninth accused on the
representation that he need the bike to see
the proposed bride and petitioner was not
BA 7265/09 2
aware of the incident at all and in such
circumstances, bail is to be granted.
2. Learned Public Prosecutor
submitted that case is under investigation
and this court while passing Annexure-A2
order had occasion to peruse the case diary
and dismissed the application and when the
investigation is in progress it is not in the
interest of justice to release the petitioner
on bail.
3. I find force in the submission.
In the nature of the offences alleged,
whether the petitioner was actually involved
in the incident or not are all matters to
be properly investigated. He cannot be
released on bail at this stage.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.