IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Bail Appl..No. 6567 of 2009 CRIME NO.119 OF 2009 OF KOTTAPPADY POLICE STATION PETITIONER/ACCUSED -------------------------------------- SAJU, AGED 29 YEARS, S/O.AYYAPAN RESIDING AT PARACKAL HOUSE, KALLULY BHAGOM PLAMUDY KARA KOTTAPPADY, ERNAKULAM DISTRICT. BY ADV. SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENT: COMPLAINANT: --------------- THE STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REP BY THE SUB INSPECTOR KOTTAPPADY POLICE STATION IN CRIME NO.119/2009 PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6567 OF 2009 ------------------------------------------------------ Dated this the 13th day of November, 2009 O R D E R The petitioner, who is the accused in Crime No.119 of 2009 of Kottappady Police Station, has filed this Bail Application under Section 439 of the Code of Criminal Procedure. He had filed B.A.No.6038 of 2009, which was disposed of as per Annexure A4 order dated 27.10.2009. The said order reads as follows: “This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.119 of 2009 of Kottappady Police Station. 2. The offences alleged against the petitioner are under Sections 326, 449 and 307 of the Indian Penal Code. 3. The date of occurrence was on 12.8.2009. The petitioner was arrested on 14.8.2009. 4. The victim is a degree student aged about 17 years. The accused is the son of her paternal uncle. B.A. NO. 6567 OF 2009 :: 2 :: The prosecution case is that on 12.8.2009, the accused attacked Aswathy, the victim, with a chopper and caused serious injuries on her face, head and chest. She lost six teeth. Severe injuries were also sustained on her face. She was admitted in the hospital on 12.8.2009 and she was discharged only on 15.9.2009. The injuries noted in the medical certificate show that there was fracture on right maxilla and fracture on mandible apart from other injuries. Deep lacerated wound was found on the scalp. 5. The father of the victim girl states in his representation to the Deputy Superintendent of Police that he owns only 4 ½ cents of land and a house therein constructed with the help of the local panchayat. Even that house and property is subjected to mortgage. It is alleged that even while the girl was in the hospital, a threat was made by the mother of the accused that after her son is released from the jail, the family of the victim would be ruined with the help of goondas. 6. The prosecution case in the present case is that the accused had a quarrel with the mother of the victim. On hearing the quarrel, the victim stated that if the accused were to make the life of the victim's family miserable, they would have no other alternative, but to make a complaint to the police. On hearing this, the B.A. NO. 6567 OF 2009 :: 3 :: accused went to his house. He came back with a chopper and committed the offence. 7. The petitioner has criminal antecedents. Learned Public Prosecutor submitted that he was an accused in a rape case. Subsequently, the victim of rape was married by him. He is also involved in another criminal case. It is also alleged that the petitioner is involved in a goonda gang. Learned Public Prosecutor submitted that the witnesses to the incident are young children. If the petitioner is released on bail, there would be threat to the witnesses. He would also make the life of the family of the victim miserable. The witnesses would be intimidated and threatened by the accused, submits the learned Public Prosecutor. 8. In the peculiar facts and circumstances of the case, though charge is laid in the case, I do not think that the petitioner can be released on bail. If he is released on bail, there is every likelihood of the witnesses being threatened, intimidated or influenced. There is also a threat to the family of the victim. The petitioner has criminal antecedents. The allegation made against the petitioner that he is a member of a goonda gang cannot be brushed aside lightly. The safety and security of the victim and her family is also of great concern for the Court. When pitted against the B.A. NO. 6567 OF 2009 :: 4 :: rights of the accused, the safety and security of the victim and her family would be more important. In these facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The Bail Application is, accordingly, dismissed.” 2. There is no change of circumstance warranting a fresh look into the matter. The position continues as before. Therefore, I do not find any ground to grant bail to the petitioner. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/