IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Bail Appl..No. 7075 of 2008() ----------------------------- CRIME NO.253/2008 OF HEMAMBIKA NAGAR POLICE STATION PETITIONERS/ACCUSED NOS.1, 2, 4, 5 & 6 -------------------------------------------------------- 1. VISWANATHAN, AGED 29 YEARS, C/O.UNNIMENON, JAGATH NIVAS, KAVILPAD, OLAVAKKODE, PALAKKAD. 2. SASI, AGED 32 YEARS, S/O.VELAYUDHAN, KAVILPAD, OLAVAKKODE, PALAKKAD. 3. VIJAYAN, AGED 27 YEARS, S/O.CHELLAPPAN, AMMAN NAGAR, KAVILPAD, OLAVAKKODE, PALAKKAD. 4. GOPAN, AGED 24 YEARS, KUNNATHU HOUSE, AMMAN NAGAR, KAVILPAD, OLAVAKKODE, PALAKKAD. 5. JAYAN, AGED 28 YEARS, S/O.RAJAPPAN, PUMP ENGINE ROAD, OLAVAKKODE, PALAKKAD. BY ADV. SRI.PRADEESH CHACKO RESPONDENT(S): COMPLAINANT -------------------------- 1. CIRCLE INSPECTOR, HEMAMBIKA NAGAR, PALAKKAD. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7075 of 2008 --------------------------------------------- Dated this the 20th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 326 and 307 read with Section 149 IPC. Petitioners are accused nos.1, 2, 4, 5 and 6. According to prosecution, petitioners along with other accused formed into an unlawful assembly, armed with deadly weapons, assaulted the defacto complainant, caused grievous hurt to him and also attempted to commit murder. 3. Learned counsel for petitioners submitted that petitioners were arrested on 4.10.2008 and they are in custody for a long time. It is also submitted that right hand of fourth accused was totally paralysed that too by the attack of defacto complainant. Hence, it is not possible for him to commit offence, it is submitted. 4. This petition is strongly opposed. Learned public prosecutor submitted that petitioners are hired gundas. They had committed the offence because of previous enmity. As BA No.7075/2008 2 pointed out by learned public prosecutor, fourth accused was attacked by defacto complainant and hence, he had a definite motive to retaliate against defacto complainant. This group of accused is known under the title, “quotation group”. If they are granted bail, it is likely that there will be further clashes. Defacto complainant is a worker of BJP. Petitioners are involved in a number of case of similar nature. They are likely to influence or intimidate witnesses and in such case, investigation is likely to be effected, it is submitted. 5. On hearing both sides, I am satisfied of the submissions made by the learned public prosecutor and I am not inclined to grant bail to the petitioners at this stage. If the petitioners are released on bail, it will adversely affect the investigation. The petition is dismissed. K.HEMA, JUDGE csl