LAWS(KER)-2007-5-74

N SHAJILESH Vs. STATE OF KERALA

Decided On May 24, 2007
N.SHAJILESH Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioner, who is the accused in Crime No.82/07 of Kuthuparamba Police Station for an offence punishable under section 394 IPC, seeks his enlargement on bail. The occurrence took place at about 7.30 a.m. on 8.4.07. The petitioner was arrested on 26.4.07.

(2.) Learned Public Prosecutor opposed the application submitting, inter alia, that the petitioner, who is the none other than the brother's son of the defacto complainant, had chased the defacto complainant in a Maruti car while the defacto complainant was proceeding as a pillion rider on a scooter driven by his daughter. After overtaking the scooter blocking the bye wheeler, the petitioner is alleged to have sprinkled chilly powder into the eyes of the defacto complainant and his daughter and snatched the bag containing Rs.1,10,000/- and a mobile phone. A portion of the money as well as the mobile phone were subsequently recovered from the petitioner.

(3.) The investigation of the case is still in the preliminary stage and having regard to the submission made by the Public Prosecutor that the petitioner's father had threatened the defacto complainant, I am not inclined to grant bail to the petitioner. This petition is accordingly dismissed.