IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 874 of 2010() ------------------------------------- CRMP.902/2010 of J.M.F.C.,THIRUVALLA CRIME NO.134/2010 OF THIRUVALLA POLICE STATION. .................... PETITIONER/ACCUSED NO.3: --------------------------------------------- ANIL, S/O.KUTTAN, AGED 39 YEARS, THALAYAR LAKSHAM VEEDU, COLONY, KUTTOOR VILLAGE, THIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 874 of 2010 ------------------------------------ Dated this the 1st day of March, 2010 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.3 in Crime No.134/2010 of Thiruvalla Police Station. 2. The offences alleged against the petitioner are under Sections 341, 324, 326, 307 and 120 B read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 27/1/2010, the victim, Vishak, while riding on a motor bike, was intercepted by the accused persons and he was attacked by them with sword, chopper and sword sticks. It is alleged that the weapons of offence were used straight on the head of the victim. Since the victim warded off the attack by his hands, he sustained serious injuries on both of his hands. He also sustained mandible fracture. He was treated in the Pushpagiri Medical College Hospital, Thiruvalla and later he was referred to the Medical College Hospital, Kottayam. The doctor, who treated Vishak, had given opinion that the injuries were very serious in nature. I have B.A. No. 874/2010 2 perused the Case Diary, wound certificates and the diagrams showing the wounds sustained by Vishak. It is submitted by the learned Public Prosecutor that the Medical Officer of the Medical College Hospital, Kottayam has stated that due to the injuries sustained by Vishak, his both hands were paralysed and that there is no chance of recovery. 4. The motive for the attack is that the accused suspected that Vishak was responsible for informing the police about the activities of the accused in unlawful mining and removal of sand. The learned Public Prosecutor submitted that the accused persons constitute a sand mafia in the locality. The first accused is a notorious criminal, submits the learned Public Prosecutor. 5. The petitioner was arrested on 30/1/2010 and he was remanded to judicial custody. The investigation is not over. If the petitioner is released on bail at this stage, as rightly pointed out by the learned Public prosecutor, it would adversely affect the proper investigation of the case. It is also likely that the petitioner may indulge in similar criminal activities and intimidate B.A. No. 874/2010 3 and influence the witnesses. 6. The learned counsel for the petitioner submitted that the petitioner was admitted in a Private Mental Hospital, from where he was arrested. The counsel points out that the petitioner is suffering from mental illness. 7. The learned Public Prosecutor assured that if the petitioner shows symptom of any illness, he would be adequately treated at the appropriate hospital. This submission is recorded. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm