IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Bail Appl..No. 8936 of 2011() ----------------------------- CMP.9047/2011 of J.M.F.C.-II,NEDUMANGAD CRIME NO.992/2011 OF NEDUMANGAD POLICE STATION .................... PETITIONERS : ACCUSED 1 AND 2: ------------------------------------ 1. NAZEER, S/O.ASHRAF, AGED 27 YEARS, NAZEER MANZIL, K.P.VII/51, NEAR KELTRON JUNCTION (OPPOSITE DEVI KALYANAMANDAPAM), CHEKKAKONAM MURI, KARAKULAM VILLAGE, THIRUVANANTHAPURAM. 2. ARUN NAIR, S/O.RAVINDRAN NAIR, KRISHNA SARAS, NEAR POOMALLIYOORKKONAM AYRAVALLI TEMPLE, POOMALLIYOORKKONAM, NCC ROAD, KUDAPPANAKKUNNU VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SAJU.S.A RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, AT ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2011, ALONG WITH BA Nos.8938, 9098 & 9099 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.Nos.8936, 8938, 9098 & 9099 of 2011 ---------------------------------------------- Dated this the 09th day of November, 2011 ORDER These Bail Applications are filed by the same accused in two crimes and therefore these bail applications are considered and disposed of by the common order. 2. Bail Application No.9098 of 2011 is filed by accused No.3 in Crime No.992 of 2011 of Nedumangad Police Station. Bail Application No.8936 of 2011 is filed by accused Nos.1 and 2 in that Crime. 3. The petitioners in Bail Application No.8938 of 2011 are accused Nos.1 and 2 in Crime No.997 of 2011 of Nedumangad Police Station. The petitioner in Bail Application No.9099 of 2011 is accused No.3 in that crime. 4. In both the cases, after completing the investigation, charge sheet was filed. The petitioners are in judicial custody. 5. The offences alleged against the petitioners in Crime No.992 of 2011 are under Sections 302 and 341 read Bail Appln.Nos.8936, 8938, 9098 & 9099/2011 : 2 : with Section 34 of the Indian Penal Code. The offences alleged in Crime No.997 of 2011 are under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code. 6. The prosecution case is that on 31-5-2011, the accused persons committed three offences. They wanted to gain importance in the locality as dangerous goondas. To gain such importance, they decided to terrorise people, cause injuries to them or to do away with some of them. The accused moved around on a motor bike on the date of the incident and created terror in the locality. Manoj @ Manu (Accused No.3) was riding the motor bike and the other accused were pillion riders. The accused attacked several persons who were found on the way. Three crimes were registered in respect of the incidents which took place on that date. 7. The allegation in Crime No.992 of 2011 is that the accused blocked the bike on which the deceased was travelling. The deceased asked the accused to give him way. At that time, without any provocation, accused No.1 stabbed the deceased, accused No.2 fisted on his back and accused No.3 hit on his cheek. As a result of the injuries, the injured died on the same date. Bail Appln.Nos.8936, 8938, 9098 & 9099/2011 : 3 : 8. The allegation in Crime No.997 of 2011 is that accused Nos.1 to 3, without any provocation attacked the de facto complainant. Accused No.1 hit on the head of the de facto complainant with a helmet and the other accused fisted and stamped him. 9. Charge sheet was filed in Crime No.997 of 2011 on 21.7.2011 and in Crime No.992 of 2011 on 12.8.2011. 10. Manoj @ Manu (accused No.3) in the crimes, filed bail applications before this Court on earlier occasions. Even though the charge sheet was filed at that time, bail was not granted to him. While disposing of the bail application it was held thus:- “7. In spite of the filing of the charge sheet, Bail Application No.6287 of 2011 filed by the petitioner in Crime No.997 of 2011 was dismissed by the order dated 8th August, 2011 holding that if the petitioner is released on bail, it would be dangerous to the life of peace loving people. It is true that charge sheets were filed in the cases. That by itself is not a sufficient ground, in the facts and circumstances of the case to grant bail to the petitioner. The impact of releasing the petitioner on the society at large is a factor to be taken note of while considering Bail Appln.Nos.8936, 8938, 9098 & 9099/2011 : 4 : the question whether bail should be granted to the petitioner. The accused persons indiscriminately attacked innocent people with dangerous weapons for no rhyme or reason. The only aim of the accused was to gain importance in the locality and to gain 'fame' that they are dangerous people and thereby terrorise people to obey their orders. If the petitioner is released on bail, it would amount to denial of the freedom of law abiding people of the locality. I do not find it just and proper to grant bail to the petitioner. The Bail Applications are accordingly dismissed.” 11. The same reasons stated while dismissing the bail applications filed by Manoj @ Manu would apply in the present bail applications filed by him and the other accused. 12. If the petitioners are released on bail, there is every chance that the petitioners would indulge in similar criminal activities to the detriment of general public. For the aforesaid reasons, the Bail Applications are dismissed. K.T.SANKARAN, JUDGE skj