IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2917 of 2009 CRIME NO.219 OF 2009 OF KASARGOD POLICE STATION CMP.1651/2009 of C.J.M.,KASARAGOD PETITIONERS: ACCUSED 3 AND 4: -------------------- 1. RAMSHEED, S/O. SHAFI, CHOORI, KASARGOD TALUK, 2. ATHIS C.I., S/O. IBRAHIM, COORIP.O., R.D. NAGAR, KASARGOD. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT: COMPLAINANT: --------------- THE STATE OF KERALA, REP. BY THE STATION HOUSE OFFICE, KASARGOD POLICE STATION, THROGUH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2917 OF 2009 ------------------------------------------------------ Dated this the 3rd June, 2009 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 4 in Crime No.219 of 2009 of the Kasargod Police Station. 2. The offence alleged against the petitioners are under Sections 143, 147, 148, 341, 323 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the de facto complainant was attacked by the accused persons when he was at a place where muslim population is predominant, restrained him and said that he could not go in that area with saffron dress and sindhur on his forehead. The petitioners were arrested on 15.5.2009. They are in judicial custody. Learned Public Prosecutor opposed the Bail Application. It is stated that investigation is not over and if the petitioners are released at this stage, it would affect the proper investigation of the case. There is likelihood of the petitioners influencing the witnesses, submitted by the Public Prosecutor. B.A. NO. 2917 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature of the offence, the allegations made against the petitioners and the present stage of investigation, I am not inclined to grant bail to the petitioners at present. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/