IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Bail Appl..No. 218 of 2010 CRIME NO.227 OF 2009 OF KOLAVALLOOR POLICE STATION, KANNUR PETITIONER/2ND ACCUSED: ------------------------------------------- DAVOOD.K., AGED 32 YEARS, S/O.AHAMMED, GULF EMPLOYEE, KOCHANTAVIDA, P.O.KADAVATHOOR, KANNUR. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, STATION HOUSE OFFICER, KOLAVALLOOR, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2010, ALONG WITH BA NO.219 & 221 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.218, 219 and 221 OF 2010 ------------------------------------------------------ Dated this the 20th day of January, 2010 O R D E R These three Bail Applications are filed by the same person, who is one of the accused in Crime Nos.227 of 2009, 231 of 2009 and 232 of 2009 of Kolavalloor Police Station, for bail under Section 439 of the Code of Criminal Procedure. 2. B.A.No.218 of 2010 relates to Crime No.227 of 2009. The offences alleged against the petitioner are under Sections 447 and 427 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. The prosecution case is that on 29.10.2009, the accused persons hurled a steel bomb to the courtyard of the de facto complainant. The bomb exploded causing damage to the property of the de facto complainant to the tune of Rs.4,000/-. The petitioner was arrested on 3.1.2010 and he was remanded to judicial custody. 3. B.A.No.219 of 2010 relates to Crime No.231 of 2009. The offences alleged against the petitioner are under Sections 143, 147, 148 and 427 read with Section 149 of the Indian Penal Code and B.A. NOS.218, 219 & 221 OF 2010 :: 2 :: Sections 3 and 5 of the Explosive Substances Act. The prosecution case is that on 29.10.2009, the accused persons hurled a steel bomb on the house of the de facto complainant causing damage to the tune of Rs.1,000/-. The petitioner was arrested on 3.1.2010 and he was remanded to judicial custody. 4. B.A.No.221 of 2010 relates to Crime No.232 of 2009 in which the petitioner is the first accused. The offences alleged against the petitioner are under Sections 143, 147, 148 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. The prosecution case is that on 29.10.2009, the accused persons hurled a steel bomb on the house of the de facto complainant causing damage to the tune of Rs.22,000/-. The petitioner was arrested on 3.1.2010 and he was remanded to judicial custody. 5. It is stated that in the area in question, a series of clashes took place, between members of two political parties, namely, Communist Party of India (Marxist) and Indian Union Muslim League. The offence was committed in the background of these clashes. B.A. NOS.218, 219 & 221 OF 2010 :: 3 :: 6. The offences alleged against the petitioner are serious in nature. It is alleged that he is involved in three cases of similar nature and that those offences were committed on the same day. That shows, prima facie, the mental make up of the accused as alleged by the prosecution. The question whether the offence is proved is a matter to be considered at the time of trial. Going by the allegations, the petitioner and the other accused had indulged in a very serious crime affecting the peace and tranquility in the area. The investigation of the case is going on. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is also likely that the petitioner may indulge in similar criminal activities. In these circumstances, I am not inclined to grant bail to the petitioner at this stage. For the aforesaid reasons, the Bail Applications are dismissed. (K.T.SANKARAN) Judge ahz/