IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Bail Appl..No. 8394 of 2011 CRIME NO.472 OF 2011 OF PAYANGADI POLICE STATION, KANNUR DISTRICT PETITIONERS: ACCUSED NOS.3 AND 2: -------------------- 1. SAIDARAKATH KALAM, S/O.NISSAR AGED 18 YEARS, IRUMBAN HOUSE, NEAR JUMA MASJID, PAYANGADI, PAYANGADI AMSOM, KANNUR DISTRICT. 2. VALIYA MADATHINMEL USSAIN, S/O.ABDUL KAREEM, AGED 18 YEARS VALIYA MADATHINMEL HOUSE, NEAR JUMA MASJID, PAYANGADI, PAYANGADI AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT: COMPLAINANT: --------------- STATE REP BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM THROUGH PAYANGADI POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8394 OF 2011 ------------------------------------------------------ Dated this the 20th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 2 respectively in Crime No.472 of 2011 of Payangadi Police Station, Kannur District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 323, 326, 308 and 506(ii) read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 29.9.2011 at 11 P.M., while the de facto complainant and another were travelling on a bike, they were intercepted by the accused and the de facto complainant and his friend were attacked with iron rods. The de facto complainant sustained serious injuries including fracture of right tibia. 4. Learned Public Prosecutor submitted that 13 more accused BAIL APPL. NO.8394 OF 2011 :: 2 :: persons are to be arrested and recoveries are to be effected. If the petitioners are released on bail at this stage, it is most likely that they may intimidate and influence the witnesses and tamper with the evidence. 5. There is substance in the submission made by the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injuries sustained and the fact that majority of the accused persons have not been arrested, I am not inclined to grant bail to the petitioners at this stage. The Bail Application is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/