IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Bail Appl..No. 6753 of 2009() ----------------------------- CRIME NO.567/2009 OF KILIKOLLOOR POLICE STATION, KOLLAM PETITIONER (S): -------------------- SHAFI, AGED 21 YEARS, S/O. PRAJAVUDHEEN, PUTHENVEETTIL HOUSE, VAYALIL CHAMBAKULAM, KAVERI NAGAR 95, KILIKOLLOOR CHERRY, KILIKOLLOOR VILLAGE, KOLLAM DIST. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S): --------------- STATE OF KERALA,R EP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6753 of 2009 --------------------------------------------- Dated this the 18th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.567 of 2009 of Kilikolloor Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 294(b), 452, 437 and 308 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 28.10.2009, at about 1 A.M., the accused persons forcibly entered into the house of the de facto complainant after breaking open the door of the house and caused injuries on the de facto complainant with a sword. He was also beaten up with iron rods. His wife was also attacked. They sustained injuries. The wound certificate would disclose the following injuries on the de facto complainant. (i) “An incised wound of 3x2x1 cm. on (R) side of face below (R) eye; (ii) An incised wound of 10x3x1 cm. on the (R) side of scalp – sutured; BA No.6753/2009 2 (iii) An incised wound of 4x2x1 cm. on the back of scalp-sutured.” 4. In the FI statement, the de facto complainant has stated that the accused committed the offence on account of the fact that the son of the de facto complainant gave some information to the police about the illegal activities of the accused persons. The investigation is not over. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is most likely that the petitioner may tamper with the evidence or try to influence or intimidate the witnesses. 5. Taking into account the facts and circumstances of the case, I find force in the submission made by the learned Public Prosecutor. I do not think it proper to release the petitioner on bail at this stage, particularly, when the investigation is not completed. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl