IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Bail Appl..No. 5922 of 2011 CMP.2104/2011 of DISTRICT COURT, PALAKKAD CMP.1113/2011 of J.M.F.C.-III,PALAKKAD CRIME NO.120 OF 2011 OF TOWN SOUTH POLICE STATION, PALAKKAD. PETITIONER/ACCUSED NO.9: ---------------------------------------- JAYAN, S/O.SANKAR, KUNNATHURMEDU, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT: --------------- STATE, REPRESENTED BY S.I.OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.JAYASOORYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5922 OF 2011 ------------------------------------------------------ Dated this the 29th day of July, 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.9 in Crime No.120 of 2011 of Town South Police Station, Palakkad. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 323, 302, 120B and 201 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 3.3.2011 at 7 P.M. The allegation is that the deceased and the accused persons had rivalry against each other, they being members of goonda gangs. It is alleged that with an intention to do away with the deceased, the accused committed the crime. 4. Learned counsel for the petitioner submitted that the deceased was accused No.1 in a murder case. It is submitted that a friend of BAIL APPL. NO.5922 OF 2011 :: 2 :: accused Nos.1 to 8 in the present case was murdered by the deceased and others. 5. The Bail Application is vehemently opposed by the learned Public Prosecutor. It is submitted that if the petitioner is enlarged on bail, there is every chance of law and order issues arising in the area due to the conflict between goonda groups in the area. It is also submitted that even the life of the petitioner may be in danger if he is released on bail. The investigation is in progress. 6. The allegation is that the petitioner belongs to a criminal gang. The deceased was also a member of a criminal gang. There was group rivalry between goonda gangs. The incident was the result of such rivalry. If the petitioner is released on bail at this stage, there is every likelihood of the witnesses being terrorized, intimidated and/or influenced. It is also likely that law and order problems will be created by the petitioner and others in the area. It is also likely that the opposite group may attack the petitioner, which also may result in law and order problems. BAIL APPL. NO.5922 OF 2011 :: 3 :: For the aforesaid reasons, I do not think that bail can be granted to the petitioner at this stage. Accordingly, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/