IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 351 of 2010() --------------------------------- CMP.260/2010 of J.M.F.C., KAYAMKULAM CRIME NO. 60/2010 OF KAYAMKULAM POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- SHAJI S/O. SAHADEVAN, KOLIDATHU PADEETTATHIL, KMC WARD-25, CHERAVALLI MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.K.HARILAL RESPONDENTS/COMPLAINANTS : -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. BY SRI. V.TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 351 of 2010 ------------------------------------ Dated this the 5th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner, Shaji, who is also known as Kari Oil Shaji, is the accused in Crime No. 60/2010 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. The prosecution case is that on 10/1/2010 at 10.30 P.M, while the de facto complainant was travelling on a motor bike, he was intercepted by the accused and he was beaten on his head and other parts of the body with an iron rod. The de facto complainant became unconscious. He was taken to the hospital by the people who came to the spot. The petitioner was arrested on 13/1/2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor vehemently opposed the application for bail. It is submitted that the petitioner is involved in more than ten crimes registered in Kayamkulam Police Station B.A. No. 351/2010 2 and that the petitioner is a notorious criminal having rowdy history. The details of the crimes are also furnished by the learned Public Prosecutor. It is seen that the petitioner is involved in two crimes registered in 2005, one crime registered in 2006, three crimes registered in 2007, four crimes registered in 2008 and two crimes registered in 2009. 5. The investigation is not over. If the petitioner is released on bail, it is likely that he may indulge in activities to intimidate or influence the witnesses and to tamper with the evidence. In view of the criminal background of the petitioner, it is not proper to release the petitioner on bail at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm