IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 Bail Appl..No. 6137 of 2011() ----------------------------- CRIME NO.624/2011 OF ELOOR POLICE STATION .................... PETITIONER(S): ACCUSED NO.1 -------------------------------- RADHAKRISHNAN,S/O.GOPALAKRISHNAN, KOONAMPARAMBIL, MAPPALA ROAD, MANJUMMEL KARA,ELOOR VILLAGE, (NOW RESIDING AT HOUSE NO.XVI/512, YASORAM NAGAR,CHERANELLUR DESOM AND VILLAGE) BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE REPRESENTED BY THE C.I OF POLICE, TOWN NORTH POLICE STATION,(CRIME 624/2011) REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6137 of 2011 --------------------------- Dated this the 10th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.624 of 2011 of Eloor Police Station. 2. The offences alleged against the petitioner are under Sections 120B, 143, 147, 148, 341, 324, 449, 302, 201 and 212 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 1.5.2011, accused Nos.1 to 11 formed themselves into an unlawful assembly and attacked one Nandagopan with dangerous weapons like sword, dagger, iron rod etc. Nandagopan sustained 49 injuries. He succumbed to the injuries. The petitioner surrendered before court on 11.5.2011 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the BA 6137/2011 2 petitioner that all the other accused, who were arrested, were granted bail. 5. The learned Public Prosecutor submitted that the petitioner is involved in another case where the offence alleged is under Section 302 of the Indian Penal Code. The petitioner is involved in six other cases as well. It is submitted that the presence of the petitioner in the locality would be a menace to the people at large. The learned Public Prosecutor also submitted that charge was laid on 8.8.2011. 6. The petitioner is involved in several cases. At present, there are two murder cases against him including the present one. The allegation is that he regularly indulges in criminal activities. If the petitioner is released on bail, it is most likely that he would try to terrorise, influence or intimidate the witnesses and tamper with the evidence. It is also likely that the petitioner would indulge in similar criminal activities to the prejudice of the ordinary people. In spite of the fact that charge BA 6137/2011 3 is laid, I do not think that it is just and proper to release the petitioner on bail. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl