IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 7403 of 2009() ----------------------------- CRIME NO.133/2009 OF RAJAPURAM POLICE STATION .................... PETITIONER/ACCUSED: --------------------------------------- REJIMON JOHN, AGED 39 YEARS, S/O.JOHN, ERAMBIL HOUSE, NELLIKADU, BALLA VILLAGE, KASARAGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7403 of 2009 --------------------------------------------- Dated this the 16th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.133 of 2009 of Rajapuram Police Station, Kasaragod. 2. The offences alleged against the petitioner are under Sections 307, 341 and 452 of the Indian Penal Code. 3. The prosecution case is that on 23.11.2009, the petitioner attacked his father-in-law with a chopper. He sustained head injury. It is submitted by the learned Public Prosecutor that the victim is under treatment in Father Muller's Hospital, Mangalore and he is still in the Intensive Care Unit. The petitioner was arrested on 25.11.2009 and he was remanded to judicial custody. 4. The investigation of the case is not over. It is stated that the condition of the de facto complainant is deteriorating day by day. If the petitioner is released on bail at this stage, it is likely that he may tamper with the evidence and try to intimidate BA No.7403/2009 2 or influence the witnesses. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl