IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4337 of 2009() ----------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.3594/2009 Dated 23/07/2009 CMP.1284/2009 of J.M.F.C.,KASARAGOD CRIME NO. 83/2009 OF BADIADKA POLICE STATION, KASARAGOD .................... PETITIONER/ACCUSED: -------------------------------------- SHEREEF @ MUHAMMED SHEREEF, AGE 28/09, S/O.YOOUSUF, THAHIRA MANZIL, HYDAYATH NAGAR, UPPALA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT/COMPLAINANT: -------------------------------------------- THE SUB INSPECTOR OF POLICE, BADIADKA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A. No.4337 of 2009 ---------------------------- Dated this the 13th day 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 first accused in Crime No.83 of 2009 of Badiadka Police Station. 2. The offences alleged against the petitioner are under Sections 143,147, 148, 341, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The incident occurred on 27/04/2009. The petitioner was arrested on 16/06/2009 and he is in judicial custody. It is submitted that only accused Nos.1 and 2 were arrested. There are ten other accused persons involved in the case. 4. The learned counsel for the petitioner submitted that the petitioner is suffering from 'Psoriasis' and continued detention of the petitioner would cause great hardship to him. This contention was considered while disposing of B.A. No.3594 of 2009 on 23/07/2009, filed by the petitioner. 5. The learned Public Prosecutor submitted that the petitioner is involved in five other cases, including abkari B.A. No.4337/2009 Page numbers offences and offences under the P.D.P.P. Act. 6. In the present case, the victim sustained very serious injuries. Injuries noted in the wound certificate are the following: “ 1. Chop wound, 18x3.5 cm x bone deep, extending from 1 cm below & 1 cm away from middle of lower lip passing backwards just above the angle of the mandible to reach the neck, exposing the fractured mandible at right parasymphyseal region (X-Ray No.92245). 2. Chop wound, 5cmx 1cm x bone deep, over left side of the head, situated obliquely, 5cm above the ear. 3. Chop wound, 7cm x 1cmx bone deep, horizontally, just above Wound No.2. 4. Chop wound, 9cmx 2cm x bone deep, over outer aspect of left shoulder. 5. Chop wound, 6cm x 1cm x muscle deep, over outer back aspect of left upper arm, 8cm below the shoulder. B.A. No.4337/2009 Page numbers 6. Chop wound, 4cm x 0.5cm x muscle deep situated in between Wound No. 4 & 5. 7. Chop wound, 13cm x 2cmx muscle deep, vertically, over left side of the back, 19 cm below the root of the neck and 1cm away from midline. 8. Chop wound, 11cm x 1cm x muscle deep, slightly obliquely, over left side of the back, 25cm below the shoulder. 9. Chop wound, 11cm x 2cm x bone deep, over back aspect of right forearm, 9cm below the elbow, exposing the torn extensor tendons and fractured shaft of the radius (X-Ray No.92245). 10. Lacerated wound, 10cm x 2cm x bone deep, over front & front inner aspect of left leg, situated obliquely, 5cm above the ankle, exposing the transected tibialis anterior tendon and fractured shaft of tibia (X-Ray No.92245).” 7. Taking into account the facts and circumstances of the case, I do not think that the petitioner is entitled to be released B.A. No.4337/2009 Page numbers on bail, in spite of the fact that he was arrested on 15/06/2009. The Bail Application is accordingly dismissed. The learned counsel for the petitioner submitted that at least sufficient safeguard may be provided for proper treatment of the petitioner for his disease. The Superintendent of Sub Jail, Kasaragod will see that proper medical treatment is afforded to the petitioner, as warranted in the circumstances. K.T. SANKARAN,JUDGE scm