IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6762 of 2009() ----------------------------- CRIME NO.666/2009 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- 1. KOLIYADUKKAM AYIZHA @ T.K.AYISHA,(A5) D/O.THURUTHI KADHEER,KOLIYADUKKAM LAKSHAM VEEDU COLONY,KOLIYADUKKAM,PERUMBALA,GRAMAM. 2. SWAMI @ RAVIRAJBHAT.P.(A6), S/O.PADMANABHA BHAT,INDAJE HOUSE,SULLIAPPADAVU, PADAVANNUR VILLAGE,PUTTUR TALUK,KARNATAKA STATE. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY INSPECTOR OF POLICE,KASARAGOD POLICE STATION, REP BY THE PUBLIC PROSECUTOR,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6762 of 2009 --------------------------------------------- Dated this the 19th day of November, 2009 ORDER This is an application for bail filed by Koliyadukkam Ayisha @ T.K.Ayisha and Swami @ Raviraj Bhat who are accused Nos.5 and 6 in Crime No.666 of 2009 of Kasaragod Police Station. When Bail Application No.6777 of 2009 filed by Koliyadukkam Ayisha @ T.K.Ayisha in the same crime was argued by another counsel, the learned Public Prosecutor brought to my notice that Bail Application No.6762 of 2009 filed by the same Ayisha and one Swami is pending before this Court in today's list. It is submitted by the learned counsel for the petitioner that it was a mistake on his part to have shown both the persons as petitioners. Counsel says that the mistake occurred since the order rejecting the bail passed by the learned Magistrate is common in respect of both the accused. The learned counsel for the petitioner at first sought permission not to press the Bail Application, in so far as it relates to Ayisha and to retain the Bail BA No.6762/2009 2 Application for the second petitioner. It is not permissible in the facts and circumstances of the case. The learned counsel for the petitioner further sought permission to withdraw the Bail Application. The Bail Application is accordingly dismissed as withdrawn. The Registry will return the certified copy of the order dated 8th October, 2009 passed by the learned Magistrate. K.T.SANKARAN, JUDGE csl