Full Judgment
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 BAIL APPL. NO. 5930 OF 2024 CRIME NO.451/2023 OF KUTHIYATHODE POLICE STATION, ALAPPUZHA SC NO.933 OF 2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, ALAPPUZHA PETITIONER: SANU DEV, AGED 35 YEARS, S/O. SAHADEVAN, SANU BHAVAN, KUTHIYATHODE PANCHAYATH, WARD NO. 13, THIRUMALABHAGAM P. O., ALAPPUZHA, PIN - 688540. BY ADVS.M/S.B.PRAMOD & ATHUL M.V. RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. 2 THE STATION HOUSE OFFICER, KUTHIYATHODE POLICE STATION, KUTHIYATHODE, ALAPPUZHA, PIN - 688533. SRI.C.K.SURESH, ADGP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
B. A. No. 5930 of 2024 Dated this the 31st day of July, 2024
ORDER
This is the third bail application filed by the accused. The petitioner is the accused in Crime No. 451 of 2023 of Kuthiyathode Police Station, Alappuzha District, which was registered for offences punishable under Sections 325, 323 and
2. The allegation against the petitioner is that, due to
previous animosity towards the defacto complainant, the accused, on 3.06.2023 at about 9.15 p.m., pushed down the son of the defacto complainant near the house of one Satheeshan, and stamped on his chest with an intention to kill him and hence, murdered the son of the defacto complainant. Hence, the accused is alleged to have committed the aforesaid offence. The petitioner was arrested on 04.06.2023 and since then, he has been under
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3. The learned counsel for the petitioner submits that, out of the 9 cases registered against him, 4 were acquitted and only 5 cases are pending.
4. The learned Prosecutor opposes the bail application and submits that the accused is a habitual offender and the charges against him are very serious, including the charge under Section
5. Taking note of the antecedents reported against the
petitioner and the gravity of the charges against him, I am not inclined to grant bail to the petitioner, more so in the absence of any change in circumstances.
Accordingly, the bail application is rejected. Sd/- MOHAMMED NIAS C. P., JUDGE MMG ..4.. APPENDIX OF BAIL APPL.NO.5930/2024 PETITIONER'S ANNEXURES: ANNEXURE A-1 A TRUE COPY OF THE ORDER DATED 14.09.2023 IN CRL. M. P. NO. 3835/2023 OF THE SESSIONS COURT, ALAPPUZHA. ANNEXURE A-2 A TRUE COPY OF THE ORDER DATED 17.10.2023 IN B. A. NO. 8362/2023. ANNEXURE A-3 A TRUE COPY OF THE ORDER DATED 07.02.2024 IN B. A. NO. 602/2024 ANNEXURE A-4 A TRUE COPY OF THE ORDER DATED 05.06.2024 IN B. A. NO. 4526/2024. ANNEXURE A- 5 A TRUE COPY OF THE ORDER DATED
15.06.2024 IN CRL. M. P NO. 2165/20024 IN S.C NO. 933/2023 OF THE ADDL. SESSIONS COURT-II, ALAPPUZHA