ANZAR, S/O ISMAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the third accused in Crime No. 736/2010 of Mangalapuram Police Station, registered for the offence under Section 379 read with Section 34 of Indian Penal Code. Petitioner was arrested on 20.11.2010 and since then, he is in custody. First accused is involved in other crimes also and was already arrested and he is in custody. Accused 2 and 4 are yet to be arrested. Though Petitioner sought bail, by Annexure-A order, learned Judicial First Class Magistrate-II, Attingal dismissed the petition.

(2.) Learned Counsel appearing for the Petitioner submitted that as Petitioner has been in custody from 20.11.2010 and Petitioner was granted on police custody and that period is already over, it is not in the interest of justice to detain him further.

(3.) Learned Public Prosecutor also submitted that Petitioner was obtained on police custody and was questioned and in such circumstances, on sufficient conditions, Petitioner could be released on bail.