IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Bail Appl..No. 7919 of 2011 ----------------------------- CRIME NO.567 OF 2011 OF BEKAL POLICE STATION , KASARAGOD DISTRICT PETITIONERS/ACCUSED NOS. 2,3,5 AND 7: ------------------------------------------------------------- 1. SUJI @ SUJITH.B , AGED 27 YEARS, (A2) S/O KOTTAN, THAZHATHE HOUSE, BEVOORI, UDUMA VILLAGE 2. UMESHAN.K, AGED 32 YEARS, S/O KUNHIKANNAN, KANNANKULANGARA HOUSE, (A3) UDUMA, UDUMA VILLAGE. 3. BABU @ SURESHBABU.C, AGED 27 YEARS, (A5) S/O. RAJU, KIZHAKKE THOPPIL HOUSE, BEVOORI , UDUMA VILLAGE. 4. RATHEESH.V.V.@BHATTYA RATHEESH, AGED 30 YEARS, (A7) S/O AMBADI, VANIYAM VALAPPIL HOUSE, BEVOORI, UDUMA VILLAGE. BY ADV. SMT.P.K.PRIYA ADV.SRI . SRIVINAYAKAN K.V. ADV.SRI.HASHIR K.M ADV.SRI. MUHAMMED HUSSAIN.K.M. RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O BEKAL POLICE STATION, KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI.TEKCHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MM K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7919 of 2011 ---------------------------------------- Dated this the 3rd day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos. 2, 3, 5 and 7 in Crime No.567 of 2011 of Bakel Police Station. 2. The offence alleged against the petitioners is under Section 143, 147, 148, 324, 326, 308, 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 12.9.2011at 2.30 p.m., the accused persons attacked the defacto complainant and his friends with iron rods resulting in serious injuries to them. It is also alleged that the accused persons uttered words promoting communal hatred. 4. Learned Public Prosecutor submits that accused Nos. 2 and 7 are involved in four other cases also. 5. Taking into account the facts and circumstances of the case, the nature of gravity of the offence and other circumstances, I am of the view that bail cannot be granted to the petitioners at this stage. The investigation is in progress. If the petitioners are released on bail at this stage, it is most likely that B.A.No.7919 of 2011 2 they would influence or intimidate the witnesses and tamper with evidence. For the aforesaid reasons the bail application is dismissed. sd/- K.T.SANKARAN, JUDGE rkc //True copy// PA to Judge