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SATHEESAN, AGED 37 YEARS versus STATE OF KERALA

High Court of Kerala

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SATHEESAN, AGED 37 YEARS v. STATE OF KERALA - Bail Appl No. 6148 of 2006 [2006] RD-KL 1120 (13 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6148 of 2006()

1. SATHEESAN, AGED 37 YEARS,
... Petitioner

2. RAMESH, AGED 26 YEARS,

3. SUDEEN, AGED 38 YEARS,

4. SUJITH, AGED 24 YEARS,

5. JOSHY, AGED 34 YEARS,

6. BHASKARAN, AGED 32 YEARS, S/O.DHARMAN,

7. JOY @ BIJOY, AGED 20 YEARS,

8. SHAJI @ BLACK SHAJI, S/O.KUTTAN,

9. SURYAN KUTTAN @ SATHYAN, AGED 35 YEARS,

10. PANCHABI SAHTYAN @ SATHYAN,

11. PAZHACHAKKA SIVAN @ SIVAKUMAR,

12. KUTTAPPAN DADA @ KISHORE,

13. MANOJ, S/O.NATARAJAN, KOZHYSSERY HOUSE,

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.P.G.SURESH

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

Dated :13/10/2006

O R D E R

J.M.JAMES, J.

B.A. 6148/2006

DATED THIS THE 13TH DAY OF OCTOBER, 2006

O R D E R

The petitioners, accused 1 to 13, are before this Court, under Section 439 Cr.P.C., in crime No.275/2006 of Mathilakam Police Station, Thrissur District, for the offence punishable under Sections 143, 147, 148, 448, 324, 307 and 302 IPC read with Section 34 IPC and also under Section 27 of the Arms Act. The petitioners are in judicial custody, having arrested on different dates. The learned counsel for the petitioners submits that ninety days are over and therefore, prayed for bail.

2. The learned Public Prosecutor submits that the petitioners are belonging to a particular gunda group of the locality and there was the death of a person, belonging to the opposite gunda group. If the petitioners are released on bail, they would repeat the same offence and there is also threat to their lives, from the group of the B.A.6148/2006 2 person, who died. In such circumstances of the case, the learned Public Prosecutor submits that bail may be refused, as the final report had already been filed.

3. As the investigation is being complete and the final report having filed, I direct the learned Magistrate to immediately commit the case to the Sessions Court, and the prosecution shall ensure that the witnesses are produced on summons from the Sessions Court and the learned Sessions Judge shall complete the trial at the earliest, in any case within three months from the date of receipt of the committal records, to that Court. The application is dismissed as above. J.M.JAMES

JUDGE

mrcs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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