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Ashique vs the State of Kerala

Ashique vs The State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2019
~2 min read
https://sooperkanoon.com/case/1857033

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./670/2019

Parties & Advocates

Appellant / Petitioner

Ashique

Respondent

The State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice sunil thomas thursday ,the 28th day of february 2019 / 9th phalguna, 1940 bail appl..no. 670 of 2019 against the order/judgment in crmc 2560/2018 of district court & sessions court, palakkad dated 06-10-2018 against the order/judgment in bail appl. 7869/2018 of highcourt crime no. 470/2018 of pattambi police station , palakkad petitioner/accused nos. 1 & 2 : 1 ashique aged 21 years s/o. sakkena, valuparambil house, vallappuzha post. 2 abdul manaf, aged 22 years s/o.abdul gafoor, panikkaru parambil, vallappuzha post. by advs. jose abraham shri.manoj george sri.manu srinath sri.n.ragesh respondent/s: the state of kerala represented by the station house officer, pattambi police station, palakkad district through the public prosecutor, high court of kerala at ernakulam 682 031. other present: pp ajith murali this bail application having come up for admission on 28.02.2019, the court on the same day passed the following: ba no. 670/2019 2o r d e rthis is the second bail application filed by the accused seeking pre arrest bail. change of circumstance attributed by the petitioner is that investigation is completed and weapon has already been recovered. it was contended that, even in the sessions court order, recovery has been referred to.2. opposing the above submissions, learned public prosecutor, on instructions, submitted that investigation is still not complete. it was further submitted that recovery has not been effected.considering the above, i am inclined to hold that there is no change of circumstance as contended by the learned counsel for the petitioner. hence, bail application is dismissed. sd/- sunil thomas dpk judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS THURSDAY ,THE 28TH DAY OF FEBRUARY 2019 / 9TH PHALGUNA, 1940 Bail Appl..No. 670 of 2019 AGAINST THE ORDER/JUDGMENT IN CRMC 2560/2018 of DISTRICT COURT & SESSIONS COURT, PALAKKAD DATED 06-10-2018 AGAINST THE ORDER/JUDGMENT IN Bail Appl. 7869/2018 of HIGHCOURT CRIME NO. 470/2018 OF Pattambi Police Station , Palakkad PETITIONER/ACCUSED NOS. 1 & 2 : 1 ASHIQUE AGED 21 YEARS S/O. SAKKENA, VALUPARAMBIL HOUSE, VALLAPPUZHA POST. 2 ABDUL MANAF, AGED 22 YEARS S/O.ABDUL GAFOOR, PANIKKARU PARAMBIL, VALLAPPUZHA POST. BY ADVS. JOSE ABRAHAM SHRI.MANOJ GEORGE SRI.MANU SRINATH SRI.N.RAGESH RESPONDENT/S: THE STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, PATTAMBI POLICE STATION, PALAKKAD DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM 682 031. OTHER PRESENT: PP AJITH MURALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BA No. 670/2019 2

O R D E R

This is the second bail application filed by the accused seeking pre arrest bail. Change of circumstance attributed by the petitioner is that investigation is completed and weapon has already been recovered. It was contended that, even in the Sessions court order, recovery has been referred to.

2. Opposing the above submissions, learned Public Prosecutor, on instructions, submitted that investigation is still not complete. It was further submitted that recovery has not been effected.

Considering the above, I am inclined to hold that there is no change of circumstance as contended by the learned counsel for the petitioner. Hence, bail application is dismissed. Sd/- SUNIL THOMAS dpk JUDGE

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