IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Bail Appl..No. 2953 of 2009() ----------------------------- CRIME NO.261/2009 OF TIRUR POLICE STATION APPLICANT/ACCUSED NO.1 ------------------------------------------ ADAM, S/O.MUSTHAFA, PALLATH HOUSE, VETTOM AMSOM, PARAVANNA. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF TIRUR POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.2953 of 2009 -------------------------------- Dated this the 15th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.261 of 2009 of Tirur Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324 and 326 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 2.3.2009, at 6.30 p.m., the accused persons formed into an unlawful assembly and in prosecution of the common object of causing injuries to the defacto complainant on account of prior enmity for not permitting the accused persons to enter at noon into a park managed by the defacto complainant, wrongfully restrained the defacto complainant and he was beaten with wooden rafter and hands and kicked with leg. The defacto complainant sustained fracture on his right hand. 4. The judicial Magistrate of Tirur rejected the Bail Application filed by the petitioner as per the order dated 8th May 2009. The petitioner is also involved in Crime No.263 of 2009 where the BA No.2953/2009 2 allegation is that he along with the other accused in that case committed offences under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 IPC. In that case, the petitioner was granted bail as per the order dated 8th June 2009 in Bail Application No.2897 of 2009. 5. The learned public prosecutor submits that the petitioner is involved in other cases as well and if he is released on bail, there is every likelihood of the petitioner influencing the witnesses. It is submitted by the learned public prosecutor that the other accused are keeping themselves away from the course of law. 6. Taking into account the facts and circumstances of the case, I am of the view that the petitioner is not entitled to get bail at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl