IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3456 of 2009() ----------------------------- CRIME NO.116/2009 OF VELLARADA POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ SUNIL, S/O.KRISTHUDAS, NULIPPARAVAILA VEEDU, PALIYODU, KOTTAKKAL DESOM, ANAVOOR VILLAGE. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, VELLARADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3456 of 2009 ------------------------------- Dated this the 1st day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.116 of 2009 of Vellarada Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 109 and 302 of the Indian Penal Code. 3. The petitioner moved an application for bail before the learned Magistrate which was dismissed as per Annexure I order dated 6th May 2009. The petitioner also filed an application before the learned Sessions Judge as Crl.M.C.No.877 of 2009. That application was also dismissed by the order dated 16th June 2009. The learned Sessions Judge took note of the fact that the petitioner had earlier moved an application for bail and that was rejected and that there was no change of circumstances. The learned Sessions Judge also held that the investigation is in progress and that if the petitioner is released on bail, there is every likelihood that he would tamper with the evidence and threaten the witnesses. The fact that the hired goondas were allegedly involved in the offence was also taken note of BA No.3456/2009 2 by the learned Sessions Judge. 4. The learned public prosecutor submitted that the investigation is in progress and if the petitioner is released on bail at present, it would seriously affect the proper and effective investigation of the case. It is also most likely that the petitioner would tamper with the evidence and influence the witnesses. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the submissions made by the learned public prosecutor, I do not think that the petitioner can be released on bail at present. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl