High Court Kerala High Court

Mujeeb vs The Sub Inspector Of Police on 27 March, 2007

Kerala High Court
Mujeeb vs The Sub Inspector Of Police on 27 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1741 of 2007()


1. MUJEEB, S/O. KOYAKUTTY,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :27/03/2007

 O R D E R
                           V.RAMKUMAR, J.

                           ----------------------------

                   Bail Application No. 1741/2007

                           -----------------------------

                 Dated this  27th day of March, 2007


                                 O R D E R

The petitioner, who is the first accused in Crime

No.62/2007 of Panniyankara Police Station for offences

punishable under Sections 341, 307 and 302 IPC read with

Section 34 IPC, seeks his enlargement on bail.

2. The learned Public Prosecutor opposed the

application.

3. The case of the prosecution is that at about 8.30.p.m

on 31.1.2007, the defacto complainant and his friend while

sitting on a corporation ground saw all the three accused

persons consuming liquor. After 15 minutes, the accused

picked up a quarrel with the defacto complainant and then went

away. Consequently at 9.15 p.m., the accused 1 to 3 came there

in a motorcycle and obstructed the defacto complainant and

Mahesh. The first accused took out a soda bottle and beat the

defacto complainant who fell down. Thereafter, the first accused

took out a knife and stabbed him. When Mahesh intervened to

prevent the first accused from stabbing the defacto complainant,

he was also stabbed. In that attempt Mahesh succumbed to the

injuries on the way to the hospital.

B.A.1741/2007

2

4. This is a case in which after the initial quarrel, the

accused had mounted a fresh attack on the defacto complainant

and his friend, resulting in the deceased sustaining fatal injuries.

Having regard to the facts and circumstance of the case, the

present stage of the investigation and the duration of the judicial

custody of the petitioner, I am not inclined to grant bail to the

petitioner.

This application is accordingly dismissed.

V.RAMKUMAR,

JUDGE

mrcs