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2019 Supreme(Ker) 766

ALEXANDER THOMAS
Abdul Azeez. P. V @ Bava Azeez, S/o. Basheer. K. H. – Appellant
Versus
State of Kerala, Represented By Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.E.A.Haris
For the Respondent: Sri.Suman Chakravarthy, Senior Govt. Pleader
Other Present : Sri.Suman Chakravarthy, Public Prosecutor

ORDER :

1. The prayer in the above petition styled as a bail application, filed under Sec. 482 of the Cr.P.C. is as follows:

    “...... to release the petitioner on bail in S.C.No. 654/2018 on the files of the Sessions Court, Kasargod, arising out of Crime No. 38/2018 of Beckal Police Station, in the interest of justice.”

2. The petitioner herein has been implicated as accused No.4 in Crime No.23/2018 of Bekkal Police Station, which has been registered for offences punishable Secs.449, 302, 397 read with Sec. 34 of the I.P.C. The Police, after investigation, has filed final report/charge sheet in the abovesaid crime and after effecting committal proceedings, the case is now pending before the Sessions Court, Kasaragod, as Sessions Cases, S.C.No. 654/2018. Altogether there are 4 accused in the above case.

3. The brief of the prosecution case is that the accused persons, with their common intention to commit robbery and murder of the deceased Subaida, had trespassed into her house and have committed robbery and have murdered the deceased Subaida, while A-3 along with the petitioner herein (A-4) was waiting outside the house of the deceased. Further that the petitioner has been made an appr

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