IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Bail Appl..No. 10137 of 2011() ------------------------------ CRIME NO.457/2011 OF TALIPARAMBA POLICE STATION PETITIONERS : ACCUSED NO.2,3,4 &6 --------------------------------------- 1. IBRAHIM @ IBRAHIM KUTTY, S/O MOIDEEN, AGED 21 YEARS, VAZHA VALAPPIL HOUSE, PATTUVAM KADAVU, PATTUVAM AMSOM, KANNUR DISTRICT. 2. P.SHAMMAS, S/O ABDULLA, AGED 20 YEARS, KAYALA ENDIYIL HOUSE, PATTUVAM KADAVU, PATTUVAM AMSOM, KANNUR DISTRICT. 3. HANEEFA, S/O MOIDEEN, AGED 31 YEARS, THAYYIL HOUSE, PATTUVAM KADAVU,PATTUVAM AMSOM, KANNUR DISTRICT. 4. MUHAMMED KUNHI, S/O MOIDEEN KUTTY, AGED 39 YEARS, VAZHA VALAPPIL HOUSE, PATTUVAM KADAVU, PATTUVAM AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT: COMPLAINANT -------------------------- STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH S.H.O TALIPARAMBA POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10137 of 2011 ---------------------------------------------- Dated this the 13th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2, 3, 4 and 6 in Crime No.457 of 2011 of Taliparamba Police Station. 2. The offences alleged against the accused are under Sections 143, 147, 148, 452, 427 and 395 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 06/07/2011 at 2 P.M., the accused persons formed themselves into an unlawful assembly armed with deadly weapons and criminally trespassed into the house of the de facto complainant and damaged the furniture, window panes, household articles, toilet, etc., causing a loss of Rupees Two lakhs to the de facto complainant. It is also alleged that the accused committed theft of gold ornaments weighing 6.5 sovereigns, causing a loss of `1,05,000/- to the de facto complainant. It is alleged that the incident took place on a day on which one political Bail Appln.No.10137/2011 : 2 : party had called for a 'hartal'. It is stated that the de facto complainant belongs to the rival group. 4. The petitioners were arrested on 28/11/2011. 5. The learned Public Prosecutor submitted that the petitioners are involved in three other cases of similar nature. The investigation of the case is going on. If the petitioners are released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. It is also likely that the petitioners may influence and intimidate the witnesses and tamper with the evidence. I am not inclined to grant bail to the petitioners at this stage. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj True copy P.A. to Judge