IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 8339 of 2011 CRIME NO.953 OF 2011 OF VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM. PETITIONER S: ACCUSED NOS.3,5, 6 AND 8: 1. AL.SAJEER, S/O.SAINUDEEN, BUNGLAW VILA VEEDU, THANDRAPOYKA, NELLANAD MURI, NELLANAD VILLAGE, 2. ANILKUMAR,S/O.SOMAN NAIR, MANALIYIL VEEDU, MANALLMUKKU, MANIKAL MURI, NELLANAD VILLAGE. 3. RAJESH, S/O.SURENDRAN, THADATHARIKATHU VEEDU, MARIYATH, MANIKAL MURI, NELLANAD VILLAGE 4. MANIKANDAN, S/O.RAMACHANDRAN, KOTTAYIKONAMVILA PUTHAN VEEDU, UDIMODU, NELLANAD VILLAGE. BY ADV. SRI.THOMAS ABRAHAM SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENTS: COMPLAINANT : 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POICE, VENJRANMOODU POLICE STATION , TRIVANDRUM DISTRICT. ADDL.R3 IMPLEADED: 3. A.M.RIZE, AGED 46 YEARS, S/O.ABDUL MAJEED, 'KANAVU', VENJARAMOOD P.O., PIN - 695 607. ADDL.R3 IS IMPLEADED AS PER THE ORDER DATED 17.10.2011 IN CRL.M.A.NO.6941 OF 2011. PUBLIC PROSECUTOR SRI.K.K.RAJEEV ADDL.R3 BY ADV. SRI.SHAIJAN C.GEORGE SMT.SAJITHA GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSIONON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8339 OF 2011 ------------------------------------------------------ Dated this the 17th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3, 5, 6 and 8 in Crime No.953 of 2011 of Venjaramoodu Police Station, Thiruvananthapuram. 2. The offences alleged against the accused are under Sections 143, 147, 148, 149, 324, 326 and 427 of the Indian Penal Code. It is stated that offence under Section 308 was originally included but it was subsequently deleted. 3. The prosecution case is the following: On 16.9.2011 at about 6 P.M., there was a protest march by the AIYF. When the march reached Venjaramoodu junction, the activists of CPI(M)/ DYFI/CITU attacked the participants in the protest march with dangerous weapons and caused serious injuries to the de facto complainant and others. It is submitted that the protest march was BAIL APPL. NO.8339 OF 2011 :: 2 :: against the price hike of petrol. The de facto complainant sustained fracture of right tibia and left tibia. Others also sustained injuries. 4. The learned counsel for the petitioners submitted that there was a political clash and members belonging to both sides sustained injuries. 5. The learned counsel appearing for the de facto complainant submitted that the de facto complainant and certain others were attacked because they left CPI(M) and joined CPI. It is also alleged that a tension prevails in the area and that there is threat to the de facto complainant and others even now. The learned counsel for the de facto complainant submitted that there was also a dispute regarding administration of a co-operative society and that also added to the political rivalry. 6. Learned Public Prosecutor submitted that accused No.3 is involved in seven crimes. Accused No.6 is involved in five other crimes and accused No.5 is involved in two other crimes. Learned Public Prosecutor also submitted that tension prevails in the area and if the petitioners are released on bail at this juncture, it would not BAIL APPL. NO.8339 OF 2011 :: 3 :: only affect the proper and smooth investigation of the case, but it would affect the peace and tranquility in the area. 7. In the peculiar facts and circumstances of the case, I do not think that it is safe to release the petitioners on bail at present. It is most likely that if the petitioners are released on bail, the peace and tranquility in the area would be affected, whatever may be the reason for the political strikes and political differences. It is also likely that the release of the petitioners may affect the proper and smooth investigation of the case. The criminal antecedents of accused Nos.3, 5 and 6 is also relevant to be noted. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/