HABEEBULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.12/2023 on the file of the Valappad Police Station, Thrissur. The offences alleged against the petitioner are under Sec. 449,341,323,325,326,392 and 302 of the Indian Penal Code (IPC).

(2.) The prosecution case is that, on 4/1/2023 at about 9 a.m., the petitioner, with the intention to commit robbery, trespassed into the house of the victim, a lady, and while committing theft of gold ornaments, murdered the victim by smothering. The petitioner was arrested from the spot as he was apprehended by the people gathered. Since then, ie. from 4/1/2023, he has been under judicial detention. Even though the petitioner had earlier filed applications for bail before the Sessions Court on two occasions, both were rejected, and this application is filed in such circumstances.

(3.) Heard Sri.T.N.Jayadevan, the learned counsel for the petitioner and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor for the State.