Kerala High Court

Bail Appl./7950/2007 of SHINOY Vs STATE OF KERALA on 24 December 2007

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 Bail Appl..No. 7950 of 2007() ----------------------------- (CRIME NO. 132/2007 OF PAVARATTY POLICE STATION) APPLICANT/ACCUSED NO.7

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.K.MOHANAN

MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929

Bail Appl..No. 7950 of 2007()

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

(CRIME NO. 132/2007 OF PAVARATTY POLICE STATION)

APPLICANT/ACCUSED NO.7

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

SHINOY, VELLAMPARAMBIL HOUSE,

POOVATHUR P.O., THRISSUR DISTRICT.

BY ADV. SRI.P.VIJAYA BHANU

SRI.M.REVIKRISHNAN

RESPONDENT: COMPLAINANT

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

STATE OF KERALA,

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA,

ERNAKULAM, REPRESENTING S.I. OF POLICE,

PAVARATTY POLICE STATION.

BY PUBLIC PROSECUTOR SRI.S.U.NAZAR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 24/12/2007, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

V. K.MOHANAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Bail Application NO. 7950 of 2007 - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 24[th] day of December,2007.

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O R D E R

This is an application for anticipatory bail filed by theapplicant who is accused No.7 in Crime No.132/2007 of PavarattyPolice Station.

2. The prosecution case is that on 9-4-2007 at 10 A.M. dueto political animosity between two groups the applicant alongwith other accused formed themselves into an unlawful assemblyand in furtherance of their common object carrying deadlyweapons like iron rods, swords etc., stopped the car, in which thedefacto complainant and others were travelling, damaged itsglasses by beating with iron rods and inflicted cut injuries on thedefacto complainant and others and thereby attempted tocommit their death. Accordingly, Crime No.132/2007 of PavarattyPolice Station was registered against the applicant and otheraccused for offences punishable under sections 143, 147, 148,341, 427, 324, 326 and 307 read with section 149 IPC.

2. I have heard learned counsel for the applicant andlearned Public Prosecutor.

BA 7950/07

3. Annexure-A order shows that the petitioner herein hadalready approached this Court by filing B.A.No.5244/2007, whichwas dismissed by this Court with an observation that “if thepetitioner appears before the learned Magistrate and applies forbail after giving sufficient prior notice to the Prosecutor in chargeof the case, the Magistrate must proceed to pass orders onmerits, in accordance with law and expeditiously”. The petitionerhas not chosen to appear before the Magistrate and apply forbail. After the lapse of about three months from the date ofAnneuxre-A order the petitioner has approached this Court withthe same prayer.

4. In the circumstances, I am not inclined to grant therelief sought in this application. Hence, the application isdismissed.

mn

V.K.MOHANAN,

JUDGE.

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