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Achu @ Aswathu K.P vs State Of Kerala

High Court Of Kerala|29 May, 2014
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JUDGMENT / ORDER

Petitioner is the first accused in Crime No.696 of 2013 of the Manjeshwar Police Station for the offences punishable under Secs.143, 147, 148, 323, 324, 452, 395 and 427 r/w Sec.149 of the Indian Penal Code, is in custody from 29.04.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 17.12.2013 at about 7.30 p.m, the petitioner, accused Nos.2 to 5 and 50 others trespassed into the house of the brother of the de facto complainant, assaulted him with deadly weapons, damaged the household articles and committed theft of `3,00,000/- in cash and gold worth `1,00,000/-. The material objects are not so far recovered. It is also submitted that the petitioner is involved in Crime No.663 of 2013 for the offences punishable under Secs.143, 147, 452, 323, 324 and 427 r/w Sec.149 of the Penal Code. Investigation is not completed.
3. Learned counsel submits that the petitioner is in custody from 29.04.2014. It is also submitted that the petitioner was working as driver under one Ramachandran and his employment was terminated without payment of salary. Petitioner demanded B.A.No.3525 of 2014 2 salary. For that reason, the petitioner is falsely implicated in Crime No.663 of 2013. The said Ramachandran is involved in Crime No.697 of 2013 for the offence punishable under Sec.354 of the Penal Code where the petitioner figures as a witness. Hence the petitioner is falsely implicated in Crime No.663 of 2013.
4. Having regard to the nature of the allegations made against the petitioner and the investigation required to be done, I am not inclined to grant bail to the petitioner.
The application is dismissed without prejudice to the petitioner moving again after the investigation has progressed.
Sd/-
Sbna True Copy THOMAS P.JOSEPH, JUDGE.
P A to Judge
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Title

Achu @ Aswathu K.P vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
29 May, 2014
Judges
  • Thomas P Joseph
Advocates
  • N Nagaresh Sri Shaji
  • Thomas Sri Binu
  • Paul Sri
  • T V Vinu