IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 6816 of 2011() ----------------------------- AGAINST THE ORDER IN BA.6158/2011 Crime No.445 of 2011 of Taliparamba Police Station. .................... PETITIONER/ACCUSED ------------------------------ ANOOP.N., S/O.CHACKO, AGED 26 YEARS, NIRICHAN HOUSE, PATTUVAM, MANGALASSERY, THALIPARAMBA TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): --------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6816 OF 2011 --------------------------------- Dated this the 5th day of September, 2011 ORDER The petitioner filed B.A.No.6158 of 2011, which was dismissed by the order dated 3rd August, 2011. For the sake of convenience, the order is extracted below: “This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.445 of 2011 of Taliparamba Police Station. 2.The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 324, 307 and 302 read with Section 149 of the Indian Penal Code. 3.The prosecution case is that on 5.7.2011, the accused persons attacked the Indian Union Muslim League workers, namely, Anwar and Jazeel and stabbed them. Anwar died at Unity Hospital, Mangalore on the same day. Jazeel sustained grievous injuries. It is alleged that the accused persons are the workers of Communist Party of India (Marxist). The deceased, the injured and others were engaged in the painting work of a building. After the work was over, they went to a shop. It is alleged that accused No.2 (petitioner) called the other accused over B.A.No.6816 OF 2011 2 telephone and arranged the attack. It is alleged that there was tension between C.P.I.(M) workers and IUML workers in the area for quite some time before the incident. 4. The petitioner was arrested on 15.7.2011 and he was remanded to judicial custody. The investigation is in progress. If the petitioner is released on bail at this stage, it is most likely that he would influence or intimidate the prosecution witnesses and tamper with evidence. I am not inclined to grant bail to the petitioner at this stage. Accordingly, the Bail Application is dismissed. 2. Thereafter, Sections 120B and 212 were also added in the Sections of offence in the case. There is no change of circumstance warranting a fresh look into the matter. Investigation of the case is not over. For the same reasons on which B.A.No.6158 of 2011 was dismissed, I am of the view that this Bail Application is also liable to be dismissed. Accordingly the Bail Application is dismissed. K.T.SANKARAN, JUDGE cms