IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5960 of 2011 CRIME NO.395 OF 2011 OF ALUVA WEST POLICE STATION PETITIONER: ACCUSED: ------------------------------ SHANAVASAN, S/O. MADHAVAN, AGED 52 YEARS, THARAYIL HOUSE, NEERICODE KARA, ALANGAD. BY ADV. SRI.RAJIV NAMBISAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5960 OF 2011 B ------------------------------------------------------ Dated this the 27th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.395 of 2011 of Aluva West Police Station. 2. The offences alleged against the petitioner are under Sections 450 and 394 of the Indian Penal Code. 3. The date of occurrence was on 4.7.2011. The petitioner was arrested on 4.7.2011 itself and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The learned counsel for the petitioner submitted that Section 394 is not attracted in the case and if so, Section 450 also would not be attracted. Learned Public Prosecutor submitted that investigation so far BAIL APPL. NO.5960 OF 2011 :: 2 :: conducted would reveal that the accused has committed a very heinous crime. It is also submitted by the learned Public Prosecutor that it is too early to say that Section 394 would not be attracted. Detailed investigation is required. It is submitted that if the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. 6. Taking into account the facts and circumstances of the case, I am of the view that if the petitioner is released on bail at this stage, it would adversely affect the investigation of the case. It is most likely that he would intimidate or influence the prosecution witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/