IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Bail Appl..No. 4281 of 2009() ------------------------------------------ CMP.11059/2009 of J.M.F.C., KAYAMKULAM CRIME NO.519 OF 2009 OF KAYAMKULAM POLICE STATION. .................... PETITIONER/2ND ACCUSED: ------------------------------------------- PRAMOD @ MANI, S/O.SOMAN, AGED 32, NETTETHU KIZHEKKE THARAYIL, DEVIKULANGARA, VADAKKU KOCHU MURI, PUTHUPALLI. BY ADV. SRI.K.R.SUNIL RESPONDENT/RESPONDENT: ------------------------------------------ THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. JIKKU GEORGE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4281 of 2009 ------------------------------------ Dated this the 6th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.519/2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 324, 308 and 506(ii) read with Section 34 of the Indian Penal Code and Sections 7(b) and 27(ii) of the Arms Act. 3. The prosecution case is that on 5/07/2009, the accused persons, four in number, came in a Maurti Car, stopped near the defacto complainant, who was walking along the road and attacked him with sword stick, resulting in very serious injuries. 4. I have perused the Case Diary. The wound certificate discloses very serious injuries. The medical officer, who treated the defacto complainant stated that at the time when the victim was brought to the hospital, his wrist was practically in a hanging position. Immediately, he was taken to B.A. No.4281/2009 Page numbers the operation theatre. The doctor has also stated that the injury seen on the wrist of the victim is a “classical defence wound” 5. The petitioner was arrested on 9/07/2009 and he is in judicial custody. The investigation of the case is not over. If the petitioner is released on bail at this stage, the learned Public Prosecutor submitted that there is every likelihood that the petitioner may indulge in influencing or intimidating the witnesses. 6. Taking into account all the facts and circumstances of the case, the nature of the injuries and other circumstances, I am of the view that the petitioner cannot be released on bail at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm