IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6501 of 2011() ----------------------------- CRMP.2903/2011 of J.M.F.C.,ALATHUR CRIME NO.457/2011 OF VADAKKANCHERY POLICE STATION PALAKKAD DISTRICT .................... PETITIONER:ACCUSED -------------------- SIVADASAN, S/O.CHAMI KUNNAMKADU VEEDU,KANNAMBRA, PALAKKAD DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE THE CIRCLE INSPECTOR OF POLICE, VADAKKANCHERY POLICE STATION,PALAKKAD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6501 of 2011 ---------------------------------------------- Dated this the 16th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.457 of 2011 of Vadakkancherry Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 341, 324, 354 and 307 of the Indian Penal Code. 3. The prosecution case is the following:- The de facto complainant is a practicing lawyer at Alathur. She filed a complaint against the accused in the present case, before the court of the Judicial Magistrate of the First Class, Alathur. That case is pending as C.C.No.143 of 2011. Infuriated by the initiation of the criminal proceedings against the petitioner, on 22/06/2011 at about 9.30 A.M., while the de facto complainant was riding a scooter, the petitioner threw stone against her. She fell down. The accused attacked her by catching hold of her hair. He hit the de facto Bail Appln.No.6501/2011 : 2 : complainant on her face and several parts of her body with stone. He also attacked the de facto complainant with a particular type of object. The de facto complainant sustained severe injuries including fractures. Her two teeth were dislocated. She was admitted in the hospital. The wound certificate would disclose serious injuries sustained by the de facto complainant. It is submitted that the C.T. scan would disclose that the de facto complainant sustained fracture of her skull. 4. The petitioner was arrested on 22/06/2011 and he was remanded to judicial custody on 23/06/2011. 5. The petitioner filed Bail Appln.No.6081 of 2011 before this Court, which was dismissed by the order dated 1st August, 2011. The present Bail Application was filed on 8th August, 2011. 6. The facts and circumstances prima facie would disclose that the accused brutally attacked a young lady lawyer who was alone. The attack was made in broad day light on public road. The way in which the attack was made and the weapons used would prima facie disclose the cruel nature of the offence. Bail Appln.No.6501/2011 : 3 : 7. While dismissing Bail Appln.No.6081 of 2011, it was held thus :- “5. If the petitioner is released on bail, it is almost certain that he would indulge in similar criminal activities against the de facto complainant. Going by the prosecution case, the de facto complainant was brutally attacked by the accused only on the ground that she filed a complaint against the accused. It is not safe to release the petitioner on bail as it would undermine the safety of the de facto complainant. 6. I am of the view that if the petitioner is released on bail at this stage, he would intimidate and influence the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. ” 8. There is no change of circumstances warranting consideration of this Bail Application within a few days after the dismissal of Bail Appln.No.6081 of 2011. The circumstances which were available as on 1st August, 2011 exist even now. Therefore, I am not inclined to allow the Bail Application. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj