IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8442 of 2011 CRIME NO.1397 OF 2011 OF ANGAMALY POLICE STATION, ERNAKULAM. PETITIONER/16TH ACCUSED ------------------------------------------- SAREESH, AGED 32 YEARS, S/O.CHANDRAN, ATTAMPARAMBIL (H), PALAPRASERRY, CHENGAMANAD. BY ADV. SRI.C.K.PAVITHRAN SRI.VIVEK.M. RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. STATE PROSECUTOR SRI.ASAF ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, ALONGWITH B.A.NOS.8543 AND 8558 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. Nos.8442, 8543 & 8558 OF 2011 ------------------------------------------------------ Dated this the 25th day of October, 2011 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner in B.A.No.8442 of 2011 is accused No.16 in Crime No.1397 of 2011 of Angamaly Police Station, Ernakulam District. The petitioner in B.A.No.8543 of 2011 is accused No.17 and the petitioner in B.A.No.8558 of 2011 is accused No.7 in that crime. 2. The offences alleged against the accused are under Sections 143, 147, 148, 120B, 212, 447 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following:- The first accused had enmity towards the deceased. He conspired with the other accused to do away with the deceased. As a result of the conspiracy, on 28.8.2011 between 6 and 6.30 A.M., the other BAIL APPL. NOS.8442, 8543 & 8558 OF 2011 :: 2 :: accused persons went to the poultry farm run by the deceased and attacked him with swords. The deceased sustained serious injuries and he succumbed to the injuries while undergoing treatment in the Specialists Hospital, Ernakulam. 4. The allegation against accused No.16 is that he supplied weapons to accused No.17, who gave the same to accused No.4. 5. The allegation against accused No.17 is that he purchased weapons from accused No.16 and gave them to accused No.4. 6. The allegation against accused No.7 is that he supplied weapons to accused Nos.10, 11, 12 and 13, who committed the offence with those weapons. 7. Heard the learned counsel for the petitioners and the learned State Prosecutor. The State Prosecutor submitted that accused No.17 is involved in four other criminal cases. It is also submitted that two more accused are yet to be arrested. 8. The investigation is not over. Some more accused persons BAIL APPL. NOS.8442, 8543 & 8558 OF 2011 :: 3 :: are to be arrested. If the petitioners are released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. It is also most likely that the petitioners may influence or intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, these Bail Applications are dismissed. (K.T.SANKARAN) Judge ahz/