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BIJU D'CUNHA @ ALBERT BIJU versus STATE OF KERALA REPRESENTED

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BIJU D'CUNHA @ ALBERT BIJU v. STATE OF KERALA REPRESENTED - Crl MC No. 338 of 2007 [2007] RD-KL 3088 (12 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 338 of 2007()

1. BIJU D'CUNHA @ ALBERT BIJU,
... Petitioner

2. ROBERT D'CUNHA,

Vs

1. STATE OF KERALA REPRESENTED
... Respondent

2. THOMAS GEORGE,

For Petitioner :SRI.T.M.SUNIL

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :12/02/2007

O R D E R

R.BASANT, J

Crl.M.C.No.338 of 2007

Dated this the 12th day of February 2007

O R D E R

The grievance of the petitioner is that the bail application filed by the second respondent/accused has not been disposed of on merits and interim bail has been granted to the second respondent. This, the petitioner contends, is unjustified. The learned Sessions Judge has not adverted to the relevant inputs at all in the proper perspective. Interim bail was granted as per the order dated 15/01/2007 till 22/01/2007 and thereafter that interim bail was extended till 20/02/2007. I find merit in the grievance raised by the petitioner. I am satisfied that directions can be issued to the learned Sessions Judge to consider and dispose of the bail application on merits on 20/02/2007. The petitioner shall be at liberty to appear before the learned Sessions Judge and make his submissions also. Appropriate orders on merits shall be passed by the learned Sessions Judge on 20/02/2007 or immediately thereafter after hearing all concerned. Hand over copy of this order to the learned counsel for the petitioner .

(R.BASANT, JUDGE)

jsr Crl.M.C.No. 2 Crl.M.C.No. 3

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006


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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