IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 7201 of 2011 CRIME NO.775 OF 2011 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM PETITIONER: ACCUSED NO.3: ------------------------------ ANVAR,AGED 38 YEARS, S/O.KAMARUDHEEN MACCA HOUSE, NEAR ARIVALAM JUMAMASJID, VETTOOR VILLAGE BY ADV. SRI.K.J.SAJI ISAAC RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7201 OF 2011 ------------------------------------------------------ Dated this the 6th day of September, 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.3 in Crime No.775 of 2011 of Varkala Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 341, 323, 324, 332 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: On 11.8.2011, the de facto complainant, who was an Amin of the Family Court, Nedumangad, went to the house of accused No.1 to serve a notice issued by the Family Court. The de facto complainant served the notice. While returning, the accused persons came on two motor bikes, intercepted the autorickshaw in which the de facto complainant was travelling, pulled out the de facto complainant from the autorickshaw and attacked him with a liquor bottle. The de facto BAIL APPL. NO. 7201 OF 2011 :: 2 :: complainant sustained injury on his head. He was admitted in the hospital. The injury was a sutured wound. Twelve sutures were made on the injury. 4. The investigation is in progress. The allegations levelled against the accused are very serious in nature. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is most likely that the petitioner would indulge in intimidating or influencing the witnesses. The likelihood of tampering with the evidence also cannot be ruled out. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/