High Court Kerala High Court

Shiju Antony vs State Of Kerala on 19 December, 2006

Kerala High Court
Shiju Antony vs State Of Kerala on 19 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7479 of 2006()


1. SHIJU ANTONY, AGED 32 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.JOHN JUDE ISSAC

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :19/12/2006

 O R D E R
                             V. RAMKUMAR, J.


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


                            B.A.7479 OF 2006


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


                        Dt.  DECEMBER 19, 2006


                                   ORDER

Petitioner who is the 3rd accused in Crime No.209/2006

of Mararikulam Police Station under secs.143, 447, 302 and

506(ii) read with sec.149 I.P.C., seeks his enlargement on

bail. The occurrence took place in the night of 28.8.2006.

The petitioner was arrested on 5.10.2006.

2. The learned Public Prosecutor opposed the

application.

3. 34 year old Nazeer who was found with fatal

injuries including 8 broken ribs in the night of 28.8.2006

was rushed to the Taluk Headquarters Hospital at Cherthala

where he succumbed to the injuries. The case was

originally registered under sec.174 Cr.P.C. for unnatural

death. Subsequent investigation by the police has revealed

the involvement of five persons including the petitioner.

They were all members of a gang who eke their livelihood

through pickpocketing, sale of narcotic drugs, extortion

and other crimes for hire and they used to share the booty

among themselves. The deceased was one among them. He had

decided to leave the company of the accused. Fearing that

he would reveal the trade secrets and betray them and that

B.A.7479/2006 2

he could turn dangerous, he was persuaded to the Chithira

Bar at Alappuzha under the guise of celebrating the night.

Thereafter he was taken in an autorickshaw to a lonely

place and was brutally manhandled culminating in his

eventual death. The petitioner has sufficiently bad

antecedents and is an absconding accused in a case pending

before the magistrate’s court. The 2nd accused in the case

who is the brother-in-law of the petitioner is still at

large and he can be apprehended only if the petitioner is

detained in custody. I am not inclined to grant bail at

this stage of investigation. This petition is accordingly

dismissed.

(V.RAMKUMAR, JUDGE)

mt/-