IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2860 of 2009() ----------------------------- CRIME NO.167/09 OF VANCHIYOOR POLICE STATION PETITIONER/A4 ----------------------- AJEESH, AGED 20, S/O.BHADRAN, T.C.36/380, MANAVA NAGAR, PERUNTHANNI, PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): ----------------------- THE CIRCLE INSPECTOR OF POLICE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2860 of 2009 ----------------------------------------- Dated this the 2nd June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.167/09 of Vanchiyoor Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 324, 326 and 307 of the Indian Penal Code. 3. The prosecution case is that on 13.4.2009, the accused persons formed themselves into an unlawful assembly with deadly weapons and attacked the husband of the de facto complainant with an intention to murder him. Serious injuries were inflicted on him. Choppers were used for committing the crime. In the First Information Statement wife of the injured stated the names of accused 1 to 3 and it is also stated that there are other identifiable persons. The case of the petitioner is that he was falsely implicated in the case. Accused 1 to 3 are brothers. BA.2860/09 2 4. Learned Public Prosecutor submitted that accused No.1 is a known goonda of the locality and he was detained under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. Accused No.4 is stated to be an employee of accused 1 to 3. The incident occurred while the victim, along with his wife and children were in a temple premises during the festival. The victim is the President of the temple committee. A large number of people were assembled at the place of incident. 5. Learned Public Prosecutor submitted that accused 1 to 3 were not arrested as they were absconding. The petitioner was arrested on 19.4.2009. He was interrogated. It is stated that recovery was also made. However, learned Public Prosecutor opposes the bail application on the ground that the investigation is not over and if the petitioner is released on bail at present, he will try to influence the witnesses and his release would affect smooth and proper investigation of the case. BA.2860/09 3 6. I have gone through the C.D file. Taking into account the facts and circumstances of the case, I am inclined to accept the submission made by learned Public Prosecutor. If the petitioner is released on bail at present, it would be detrimental to the proper investigation of the case. The bail application is accordingly dismissed. K.T.SANKARAN, JUDGE vgs.