IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3429 of 2009() ----------------------------- CRIME NO.314/2009 OF VALAPATTANAM POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- SHABEER N.P., AGED 23 YEARS, S/O.MUHAMMED KUNHI, NAYAKKAN PUTHIYAPURAYIL HOUSE, AKG ROAD, KATTAMPALLI P.O., KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN SRI.R.MAHESH VARMA RESPONDENT(S): COMPLAINANT -------------------------- STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, KANNUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.VIPINDAS THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009, ALONG WITH B.A.NO.3427/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.3429 of 2009 & B.A.No.3427 of 2009 ---------------------------------- Dated this the 26th day of June, 2009 ORDER In these Bail Applications filed under Section 439 of the Code of Criminal Procedure, the petitioner is the same person. He is accused No.4 in Crime No.314 of 2009 of Valapattanam Police Station and accused No.5 in Crime No.315 of 2009 of Valapattanam Police Station. 2. The offence alleged against the petitioner and the other accused are under Sections 143, 147, 148, 447 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substance Act. The petitioner was arrested on 15.5.2009. 3. The incident alleged in the cases occurred at 4 A.M. on 15.5.2009. The prosecution case is that the accused persons formed themselves into an unlawful assembly and trespassed into the residential house of the defacto complainants in these cases, country made bombs and caused damage to the houses of the defacto complainants. The houses of the defacto complainants in these cases are situated in the same road, namely, A.K.G. Road. It is stated that the petitioner and the other accused are workers of NDF (National BA No.3429 & 3427/2009 2 Democratic Front). The petitioner was arrested on 15.5.2009 and he is in judicial custody. 4. I have gone through the case diary. The scene mahazars prepared in the cases would show the gravity of the damage caused to the houses of the defacto complainants and the consequent loss occurred to them. It would also indicate the gravity of the offence and the consequences of the user of bombs. The investigation is not completed. Reports of chemical analysis are to be obtained. 5. It is submitted by the learned public prosecutor that if the petitioner is released on bail, it is likely to cause breach of peace in the locality and it is also likely that the petitioner may tamper with the evidence and try to influence or intimidate the witnesses. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the present stage of investigation and other circumstances, I am of the view that the petitioner is not entitled to be released on bail at this stage. The Bail Applications are accordingly dismissed. K.T.SANKARAN, JUDGE csl