IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10505 of 2011 CRIME NO.583 OF 2011 OF SREEKANDAPURAM POLICE STATION, KANNUR. PETITIONER/ACCUSED -------------------------------------- PERUKIL OUSEPH, S/O.MATHAI, AGED 40 YEARS, KANNADIPPARA, CHUZHALI AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT: COMPLAINANT -------------------------- STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH S.H.O., SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10505 OF 2011 ------------------------------------------------------ Dated this the 22nd day of December, 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.583 of 2011 of Sreekandapuram Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 447, 341, 323, 354 and 308 of the Indian Penal Code. 3. The prosecution case is that on 2.12.2011, the accused trespassed into the courtyard of the house of the defacto complainant and attacked him with a knife. The defacto complainant sustained four incised wounds on the face, chest and other parts of the body. The petitioner was arrested on 3.12.2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the BAIL APPL. NO.10505 OF 2011 :: 2 :: learned Public Prosecutor. I have also perused the case diary and the wound certificate. 5. It is submitted by the learned Public Prosecutor that investigation is in progress and 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 it is not proper to release the petitioner on bail at this stage. If the petitioner is released on bail at this stage, there is every likelihood of the witnesses being influenced and intimidated and the evidence being tampered with. Therefore, I am not inclined to grant bail to the petitioner at this stage. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/