IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9635 of 2011() ----------------------------- CRIME NO.378/2011 OF NENMARA POLICE STATION PETITIONERS: ACCUSED 4 - 11 ---------------------------------- 1. SUNIL, AGED 30 YEARS, S/O. UNNIGOPALAN, KALATHIL VEEDU, PAZHATHARAKKADU, VITHANASSERY, PALAKKAD DISTRICT. 2. BENNY, AGED 25 YEARS, S/O. CHANDRAN, SONY NIVAS, NENMARAPADAM, VITHANASSERY, PALAKKAD. 3. RAJEESH @ PAPPY RAJEESH, S/O. CHANDRAN, AGED 26 YEARS, KUZHIMBALLA VEEDU, NENMARAPADAM, VITHANASSERY, PALAKKAD. 4. RAJESH @ RAJI, S/O. CHANDRAN, AGED 27 YEARS, KUZHIMBALLA VEEDU, NENMARAPADAM, VITHANASSERY, PALAKKAD. 5. NARAYANASWAMY, S/O. VELAYUDHAN, AGED 25 YEARS, KUZHIMBALLA VEEDU, NENMARAPADAM, VITHANASSERY, PALAKKAD. 6. JINU @ KUTTY, S/O. KUNJAN, AGED 24 YEARS, KAVUNGAL VEEDU, CHINDIYANKULAM, VITHANASSERY, PALAKKAD. 7. SUDHEESH @ THAKKUDU, S/O. ARUMUGHAN, AGED 22 YEARS, NENMARAPADAM, VITHANASSERY, PALAKKAD. 8. SUBEESH, S/O. SUKUMARAN, AGED 25 YEARS, KALATHIL VEEDU, VAZHATHARAKKADU, VITHANASSERY, PALAKKAD. BY ADV. SRI.NIREESH MATHEW BA 9635/11 RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NEMMARA POLICE STATION, PALAKKAD, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, ALONG WITH BA 9656/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- B.A.Nos.9635 & 9656 of 2011 ------------------------------------- Dated this the 2nd day of December, 2011 O R D E R These are Bail Applications under Sections 439 of the Code of Criminal Procedure. Bail Application No.9635 of 2011 is filed by accused Nos.4 to 11 and Bail Application No.9656 of 2011 is filed by accused Nos.1 to 3 in Crime No.378 of 2011 of Nenmara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 326, 307 and 120B read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 23.10.2011 at 11.30 P.M., due to previous enmity, the accused persons attacked the de facto complainant and his friend Sivakumar @ Shibu with dangerous weapons, which resulted in serious injuries to the de facto complainant and his friend. BA Nos.9635 & 9656/11 2 4. The injuries sustained by the de facto complainant are the following : “Sutured wounds (L) Cheek Occipital scalp, (L) Elbow Back, (Rt) Leg, (L) Leg, (L) Ankle, (L) Chest, (R) & (L) palm burn injury, # (L) Medical Malleolus # (L) Fibula” The injuries sustained by Sivakumar @ Shibu are the following : “Multiple lacerations, Occipital scalp with SDH Brain # clavicle (R) Communitted # both bones (R) leg.” 5. The investigation is in progress. If the petitioners are released on bail at this stage, it would adversely affect the proper investigation of the case. It is most likely that the petitioners would intimidate and influence the prosecution witnesses and tamper with the evidence, if they are released on bail. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl