IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Bail Appl..No. 3862 of 2010() ---------------------------------------- CRMP.1687/2010 of DISTRICT COURT, KOTTAYAM . CRIME NO.326/2010 OF THE THRIKKODITHANAM POLICE STATION, KOTTAYAM DISTRICT. .................... PETITIONER/ACCUSED -------------------------------------- RAJAN, AGED 50 YEARS, S/O. SUBRAMANYAN CHETTIAR, PARVATHY BHAVAN, THRIKKODITHANAM VILLAGE, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, THRIKKODITHANAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3862 of 2010 ------------------------------------ Dated this the 28th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 307 of the Indian Penal Code. According to prosecution, petitioner was first accused in a case, involving offence under Section 302 of the Indian Penal Code. De facto complainant's brother-in-law was the second accused in the said case. On 22.05.2010 at about 10 A.M., petitioner was in search of the de facto complainant's brother-in-law and he made enquiries to the de facto complainant also. But, de facto complainant sarcastically stated that he had killed him. Infuriated by this, petitioner drove a car and hit de facto complainant and inflicted injuries on him and thereby attempted to commit murder. 3. Learned counsel for petitioner submitted that petitioner was arrested on 23.05.2010 and he is in custody for the past 38 days. It is also submitted that the act committed by petitioner was not intentional. B.A. No. 3862 of 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner is involved in another case under Section 302 of the Indian Penal Code and as per the case diary, he had deliberately driven the vehicle in an attempt to commit murder of de facto complainant and he sustained serious injuries. The investigation is in progress and he may not be granted bail at this stage, it is submitted. 5. On hearing both sides and on considering the relevant aspects, I am satisfied that it is not fit to grant bail to petitioner at this stage, since it is likely to adversely affect the investigation. Petition is dismissed. K. HEMA, JUDGE ln