IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7031 of 2009() ------------------------------------- CRIME NO. 67/2005 OF KOLLAM EAST POLICE STATION ............................. PETITIONER/ACCUSED: ------------------------------------ S.S. NISHANTH, AGED 25 YEARS, S/O.SATHYA DAS, T.C.12/1306, V.L 4, KUNNUKUZHI, TRIVANDRUM-32. BY ADVS. SRI.M.BALAGOVINDAN SRI.VINOD J.DEV SMT.MINI GANGADHARAN RESPONDENTS/STATE & COMPLAINANT: ---------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7031 of 2009 ------------------------------------ Dated this the 3rd day of December, 2009 O R D E R The petitioner apprehends arrest on an accusation of having committed offence under Section 302 of the Indian Penal Code in Crime No. 67/2005 of Kollam East Police Station. 2. The offence alleged in Crime No.67/2005 is under Section 143, 147, 148 and 302 of the Indian Penal Code. 3. On 14.02.2005 the dead body of one Saiju was found near Ansar Hospital situated near the Men's Hostel of T.K.M. Engineering College, Kollam. The apprehension of the petitioner is that he would be implicated in the case and he would be arrested. 4. The learned Public Prosecutor submitted the following facts: On 14.02.2005 at 11.15 P.M., the deceased and nine others trespassed into the hostel of T.K.M. Engineering College, Kollam and attacked the inmates of the hostel. The inmates of the hostel retaliated. The police got information that one person was lying near the Ansar Hospital having sustained stab injuries. The police rushed to the place and took the injured to the hospital. B.A. No. 7031 of 2009 2 He succumbed to the injuries in the early hours on15.02.2005. The deceased was Saiju. It is submitted by the learned Public Prosecutor that the petitioner is not made an accused in the case. He is only a suspect in the crime. It is also stated that some inmates of the hostel were questioned by the police. It is also stated that as the petitioner is not an accused in the case, as of now, the apprehension of arrest entertained by the petitioner is without any substance. 5. In the facts and circumstances of the case, it cannot be said that the apprehension of arrest voiced by the petitioner at this stage is just and reasonable. The offence took place in the year 2005. Till now, the petitioner is not made an accused in the Crime. The submission made by the learned Public Prosecutor is recorded and the Bail Application is closed with liberty to the petitioner to approach this court as and when occasion arises. K.T. SANKARAN, JUDGE ln