IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5521 of 2011() ----------------------------- (CRIME NO.18 OF 2011 OF KASARAGOD POLICE STATION) PETITIONER/ACCUSED -------------------------------------- JYOTHISH @ JYOTHISH KUMAR, S/O.GOPALAN, J.P.NAGAR, KASABA VILLAGE, KASARAGOD. BY ADV. SRI.T.R.TARIN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION-671 121. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5521 OF 2011 --------------------------------- Dated this the 13th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the 1st accused in Crime No.18 of 2011 of the Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 read with 34 of the Indian Penal Code. 3. The overt act alleged against the petitioner is that he hit the defacto complainant with a granite stone on his head. The further allegation is that the 2nd accused stabbed the defacto complainant on his stomach. After completing the investigation, charge sheet was laid on 9.5.2011. Now the case is numbered as CP No.195 of 2011 on the file of the Court of the Judicial Magistrate of the First Class-I, Kasaragod. 4. The petitioner surrendered before the court on B.A.No.5521 OF 2011 2 11.5.2011 and he was remanded to judicial custody. His Bail Application was dismissed by the learned Magistrate. 5. The learned Public Prosecutor opposed the Bail Application. It is submitted that the petitioner is involved in two other cases in which the offence alleged is under Section 302 of the Indian Penal Code and in another case in which the offence alleged includes an offence under Section 153-A of the Indian Penal Code. It is submitted that if the petitioner is released at this stage, he would indulge in similar offences. The committal proceedings are going on. 6. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner during the committal proceedings. The Bail Application is, accordingly, dismissed. The Judicial Magistrate of the First Class-I, Kasaragod will expedite the committal proceedings. K.T.SANKARAN, JUDGE. cms