IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Bail Appl..No. 3371 of 2009() ----------------------------- CRIME NO.43/2009 OF KANNAVAM POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- P.RAJESH, S/O.GOPI, PAREKANDI, THERUVIL, KANNAVAM P.O., CHITTARIPARAMBA-670 650, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3371 of 2009 ----------------------------- Dated this the 24th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.43 of 2009 of Kannavam Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341 and 302 read with Section 149 of the Indian Penal Code. 3. The petitioner was arrested on 7.5.2009 and he is in judicial custody. 4. Learned counsel for the petitioner submitted that the petitioner may be released on bail imposing stringent conditions. 5. Learned public prosecutor submitted that there was a clash between two political groups which resulted in the death of one person. He stated that 34 injuries were inflicted on the deceased. If the accused persons are released on bail, it would cause law and order problems in the locality and it would result in breach of peace. Learned public prosecutor also submitted that if the petitioner is released on bail, the evidence will be tampered with and the witnesses BA No.3371/2009 2 will be intimidated. 6. The petitioner had filed Bail Application No.2243 of 2009, which was dismissed by me as per the order dated 3rd June 2009. 7. Taking into account the facts and circumstances of the case and the stage of investigation, I do not think that the petitioner can be granted bail at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl