IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 9203 of 2011() ----------------------------- CRIME NO.986/2011 OF KALLAMBALAM POLICE STATION PETITIONER/ACCUSED --------------------------- MANIKANTAN NAIR, S/O. KUTTAPPAN PILLAI, LAKSHMI BHAVAN, ASARIKONAM, NAVAIKULAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT & STATE ----------------------------------- STATE OF KERALA, RPERESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAMBALAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9203 of 2011 --------------------------- Dated this the 15th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.986 of 2011 of Kallambalam Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. The prosecution case is the following : On 7.10.2011 at about 3.30 P.M., the accused quarreled with his wife and manhandled his wife and mother-in-law. In order to escape, they came running to the place where the de facto complainant and his friends were standing. The accused came there and again manhandled his wife and mother-in-law. The de facto complainant tried to prevent the accused from attacking his wife and mother in law. At that time, the accused stabbed the BA 9203/11 2 de facto complainant. He fell down. The friend of the de facto complainant tried to save the de facto complainant. The accused stabbed him also. The de facto complainant was taken to the hospital and he was referred to the Medical College hospital. 4. The petitioner was arrested on 11.10.2011 and he was remanded to judicial custody. 5. Bail Application No.8813 of 2011 filed by the petitioner came up for hearing on 31st October, 2011 and it was withdrawn. The present Bail Application was filed on 4.11.2011. 6. The investigation is going on. 7. Taking into account the facts and circumstances of the case, the nature and gravity of the offences and the injury sustained by the de facto complainant and his friend, I am of the view of that it is not just and proper to release the petitioner on bail at this stage. If the petitioner is released on bail at this stage, it is most likely that he would try to influence or intimidate the BA 9203/11 3 witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl