IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8661 of 2011 CRIME NO.1061 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER: ACCUSED NO.2 -------------------------------- KUNHIKRISHNAN, AGED 28 YEARS, S/O.M. VENU, ARAMBADI HOUSE, HARIPURAM, PULLUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8661 OF 2011 ------------------------------------------------------ Dated this the 25th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1061 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 153A, 332 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011, the accused persons indulged in activities to incite communal violence, abused persons belonging to the other religion and when the police party interfered, they were prevented from discharging their duties. It is also alleged that the accused pelted stones towards the police and the other persons. 4. The offences alleged against the petitioner are very grave BAIL APPL. NO.8661 OF 2011 :: 2 :: in nature. The investigation is not over. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is also most likely that communal tensions may occur if the petitioner is released on bail. At this stage, I am not inclined to grant bail to the petitioner. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/