IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8343 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7660/2011 Dated 29/09/2011 CRMP.2061/2011 of J.M.F.C.-II, ALUVA CRIME NO.1397/2011 OF ANGAMALY POLICE STATION ERNAKULAM DISTRICT .................... PETITIONER : ACCUSED : ---------------------- WILSON,S/O.URUMEEZ, PALATTY HOUSE,THABORE P.O., PARAMBAYAM. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN SRI.BAIJU JOHN RESPONDENT: --------------- STATE OF KERALA, RPE.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,THROUGH THE S.I.OF POLICE, ANAGAMALY POLICE STATION. STATE PROSECUTOR SRI.T.ASAF ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8343 of 2011 ---------------------------------------------- Dated this the 24th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1397 of 2011 of Angamaly Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 120B, 212, 447 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following:- The first accused had enmity towards the deceased. He conspired with the other accused to do away with the deceased. As a result of the conspiracy, on 28.8.2011 between 6 and 6.30 A.M., the other accused persons went to the poultry farm run by the deceased and attacked him with swords. The deceased sustained serious injuries and he succumbed to the injuries while undergoing treatment in the Specialists Hospital, Ernakulam. 4. Heard the learned senior counsel for the petitioner and the learned State Prosecutor. Bail Appln.No.8343/2011 : 2 : 5. The petitioner filed Bail Application No.7660 of 2011 for bail and that application was dismissed by the detailed order dated 29th September, 2011. 6. The investigation is not over. It is submitted by the learned State Prosecutor that two more accused are to be arrested. It is also stated that the petitioner is a very influential person and if he is released on bail, it would adversely affect the proper investigation of the case. It is also likely that the petitioner would intimidate and influence the witnesses and tamper with the evidence. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj