IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6696 of 2011 CRIME NO.602 OF 2011 OF PATHANAMTHITTA POLICE STATION PETITIONER: ACCUSED NO.4: ------------------------------ MITHRA SUSAN ABRAHAM,D/O.V.A.ABRAHAM, VADAVUPAPRAMBIL VEEDU,MUNDAPUZHA MURI, RANNI VILLAGE. BY ADV. SRI.P.HARIDAS SMT.M.SINDHU THANKAM RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE ASST.SUB INSPECTOR OF POLICE, PATHANAMTHITTA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6696 OF 2011 ------------------------------------------------------ Dated this the 25th day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.602 of 2011 of Pathanamthitta Police Station. 2. The offences alleged against the accused are under Sections 143, 144, 148, 149, 323, 326, 394, 307 and 120B of the Indian Penal Code. 3. The prosecution case is the following: Accused Nos.2, 3 and 4 are students studying in St.Thomas College, Ranni. Accused Nos.2 and 3 are members of a students organization. They were attacked by one Ambi, Liju (victim in the present case) and Shinoj. Accused Nos.2 and 3 wanted to take revenge. They engaged accused No.1, who is a member of a quotation gang. Accused No.1, in turn, engaged accused Nos.5 and 6. Accused Nos.5 and 6 are having their area of operation at Omallur. The accused wanted to bring Liju to Omallur from where it was decided to attack him. The BAIL APPL. NO.6696 OF 2011 :: 2 :: petitioner is a friend of accused Nos.2 and 3. In order to bring Liju to Omallur, the petitioner was engaged by accused Nos.2 and 3. Accused Nos.1 to 4 conspired together for the purpose of committing the offence. Accused No.4 contacted Liju and requested him to come to Omallur under the pretext that she was held captive in a house near a church. Liju came to Omallur. At 11.30 P.M. on 4.8.2011, Liju was attacked by accused Nos.1, 5, 6 and three others. Accused No.3 was also present at the scene of occurrence watching the incident. The victim sustained fifteen multiple injuries on his hand. Both his legs got fractured. A cut injury was sustained behind his head. It is submitted by the learned Public Prosecutor that the kidneys of the victim are not functioning properly as a result of the assault. The victim is in the hospital. It is submitted that he is not fully responding to the medicines because of the injuries sustained to his kidneys. 4. Learned Public Prosecutor submitted that the petitioner contacted accused No.1 on 4.8.2011 over mobile phone on more than thirty occasions. It is also submitted that the petitioner contacted the victim over mobile phone on eleven occasions on the date of the incident. BAIL APPL. NO.6696 OF 2011 :: 3 :: 5. The allegations levelled against the petitioner are very serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/