IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4808 of 2009 CRIME NO.323 OF 2009 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ACCUSED NO.11 -------------------------------------------- SHOBHA D/O. MEENAKSHY, VALIYAVEETTIL HOUSE, T.C.19/297, F9, NEAR CHESHIRE HOME, KARUVANKONAM, PEROORKADA VILLAGE, (CEHNNA NINNATHIL VEEDU, NEAR PALLATHU BHADRAKALI TEMPLE, ELLUVILA DESOM, KARINKULAM VILLAGE, NEYYATTINKARA TALUK0 BY ADV. SRI.A.MOHAMMED RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4808 OF 2009 ------------------------------------------------------ Dated this the 26th August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioner is accused No.11 in Crime No.323 of 2009 of Museum Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 109, 120 B, 201 and 302 of the Indian Penal Code and Section 27 of the Arms Act. 3. It would appear that this case arose out of rivalry between two groups of goondas operating in and around Trivandrum city. One Thampan @ Sreekumar, who was the brother of Keppan Ani, the first accused in the present case, was allegedly murdered by a goonda group. One Althara Binish was the first accused in the case of murder of Thampan @ Sreekumar. 4. The prosecution case is that to take revenge on the assailants in the case of the murder of Thampan @ Sreekumar, the accused persons in the present case committed murder of Althara B.A. NO.4808 OF 2009 :: 2 :: Binish on 01.06.2009 at 2.15 P.M. in the heart of Trivandrum city. 5. The petitioner was arrested on 06.06.2009. She was remanded to judicial custody. 6. Learned counsel for the petitioner submitted that there is no reason why the petitioner should be detained in judicial custody further. 7. The learned Public Prosecutor, on the other hand, submitted that the investigation of the case is not over and if the petitioner is released on bail, there is every likelihood of the proper investigation being adversely affected. It is submitted that the petitioner is likely to influence or intimidate the prosecution witnesses. It is also pointed out that the 10th accused is not arrested so far and some of the weapons of offence are yet to be recovered. 8. There are materials on record, which would prima facie disclose that the incident arose as a result of the rivalry between two goonda gangs. The incident occurred in broad daylight within the B.A. NO.4808 OF 2009 :: 3 :: limits of Thiruvananthapuram city. 9. Learned Public Prosecutor submitted that the petitioner is involved in several other cases. It is also submitted that the petitioner is undergoing detention under the Kerala Anti Social Activities Prevention Act. If the petitioner is released on bail, there is every likelihood of the witnesses being influenced or intimidated. It is submitted that the petitioner is highly influential and that she will make use of all opportunities to see that the proper investigation of the case is prejudicially affected. B.A.No.4712 of 2009 filed by accused Nos.6 and 9 was dismissed by the order dated 21.8.2009. 10. Taking into account all the facts and circumstances of the case, I do not think that the petitioner can be released on bail at this stage. If the petitioner is released on bail, it would affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/