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GEORGEKUTTY, S/O.THOMAS, AGED 29 YEARS versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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GEORGEKUTTY, S/O.THOMAS, AGED 29 YEARS v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 3875 of 2007 [2007] RD-KL 11348 (27 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3875 of 2007()

1. GEORGEKUTTY, S/O.THOMAS, AGED 29 YEARS,
... Petitioner

Vs

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

For Petitioner :SRI.C.C.THOMAS

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :27/06/2007

O R D E R

R. BASANT, J.

B.A.NO. 3875 OF 2007

Dated this the 27th day of June, 2007

ORDER

Application for regular bail. The petitioner is the 2nd accused. Altogether, there are three accused persons. They face allegations under Secs.307 and 326 of the IPC. The alleged incident took place on 26/3/07. The petitioner was arrested on 4/6/07. The co-accused are absconding and have not surrendered before the learned Magistrate. The crux of the allegations against the accused persons is that they, in furtherance of their common intention, attacked the victim with dangerous weapons. Their intention was to cause the death of the victim. He had suffered multiple injuries including fracture. Investigation is in progress.

2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He was not the aggressor; B.A.NO. 3875 OF 2007 -: 2 :- but only the victim of aggression, though he providentially escaped without suffering any injuries. In these circumstances, the petitioner may be enlarged on bail, prays the learned counsel for the petitioner.

3. The learned Public Prosecutor opposes the application. Investigation is not complete. It is a case of group rivalry between two groups of goondas in the locality. It was a pre- planned and schemed attack. Dangerous weapons were used. Serious injuries have been suffered. In these circumstances, it is too early to consider the prayer for release of the petitioner on bail, submits the learned Public Prosecutor.

4. I have considered all the relevant inputs. I find merit in the opposition by the learned Public Prosecutor. In a case like the instant one, police is normally entitled to more time to complete the investigation before the question of release of the petitioner on bail is considered.

5. In the result, this Bail Application is dismissed. But I may hasten to observe that the petitioner shall be at liberty to move this Court for bail again at a later stage of investigation - B.A.NO. 3875 OF 2007 -: 3 :- not, at any rate, prior to 11/7/07. The police shall, in the meantime, make every endeavour to complete the investigation. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


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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