IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1612 of 2010 CRIME NO.287 OF 2010 OF KUNDARA POLICE STATION, KOLLAM PETITIONER/3RD ACCUSED ------------------------------------------ UDAYAKUMAR,AGED 41 YEARS, S/O.GOPALA PILLAI,SARANYA BHAVAN, NEAR KUZHIYATHUKAVU TEMPLE, KUZHIYAMCHERRY, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1612 OF 2010 ------------------------------------------------------ Dated this the 18th day of March, 2010 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.287 of 2010 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 447, 341, 323, 294(b) and 307 of the Indian Penal Code. 3. The prosecution case is the following: Muralikumar, the person who gave the First Information Statement, had borrowed Rs.13,000/- from the accused. Muralikumar had repaid a portion of the amount to the accused. The balance due was only Rs.3,000/-. The accused had demanded the amount from Muralikumar on several occasions. Muralikumar, being a coolie, could not repay the amount in a lump. On 14.2.2010 at 7.30 PM, the accused came to the house of Muralikumar. He was caught hold of by the accused and attempted to assault him. At that time, the mother-in-law of Muralikumar, who is the victim in the case, intervened and tried to rescue her son-in-law. The victim is aged 65 years. Infuriated by B.A. NO. 1612 OF 2010 :: 2 :: this act, the accused kicked the victim on her abdomen. There was profuse bleeding. The victim was taken to the hospital. She had to undergo a surgery. There was prolapse of small intestine as a result of the injury caused. 4. The petitioner was arrested on 17.2.2010 and he was remanded to judicial custody. The investigation of the case is not over. 5. Taking into account the facts and circumstances of the case, I am of the view that the petitioner is not entitled to be released on bail at this stage. The victim is a woman aged 65 years. Her son-in-law is a coolie. It would appear that the accused is a money lender. If he is released on bail at this stage, it is most likely that he would indulge in intimidating or influencing the witnesses. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/