IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Bail Appl..No. 7585 of 2008() ----------------------------- CP.236/2008 of J.M.F.C.,KASARAGOD CRIME NO.214/2006 OF ADHUR POLICE STATION .................... PETITIONER :1ST ACCUSED -------------------- K.C.HAMSA, S/O.ABDULRAHIMAN MASTHIKKUNDU MULIYAR GRAMAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, THROUGH THE INSPECTOR CBCID, KANNUR). PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7585 of 2008 --------------------------------------------- Dated this the 18th December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 302, 341 and 201 read with Section 34 IPC. According to prosecution, a girl aged 14 years was found missing on 20.12.2006. She was working as a servant in the house of the first accused. First accused committed murder of the deceased by cutting with a chopper and thereafter, he sliced the body into pieces and disposed of the same with the help of other accused. 3. Petitioner was arrested on 1.7.2008 and he is in custody since then. Learned counsel for petitioner submitted that some of the accused in this case were already granted bail by this Court and hence, petitioner may also be granted bail. 4. This petition is opposed. Learned public prosecutor submitted that as against the persons who are granted bail, the offence alleged is under Section 201 of IPC. But, petitioner is the main culprit and it is not fit to grant bail at this stage, since it is likely petitioner may abscond and influence witnesses, if he is released on bail. It is also submitted by him that charge is BA No. 7585 /2008 2 already laid. 5. On hearing both sides, I am satisfied that this is not a fit case to grant bail at this stage. In case petitioner is granted bail, it is likely that he will tamper with evidence, influence or intimidate witnesses and also abscond. This petition is dismissed. K.HEMA, JUDGE csl