IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 6287 of 2011() ----------------------------- CMP.8359/2011 of J.M.F.C.-II,NEDUMANGAD CRIME NO.997/2011 OF NEDUMANGAD POLICE STATION THIRUVANANTHAPURAM DISTRICT .................... PETITIONER/ ACCUSEDNo.1 ------------------------- MANOJ @ MANU, S/O.KUMARAN THAMPI, THEJAS VEEDU, T.C.NO.6/293, KARIMANKULAM, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6287 of 2011 ---------------------------------------------- Dated this the 08th day of August, 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.997 of 2011 of Nedumangad Police Station. 2. The offences alleged against the petitioner are under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 01/06/2011, accused Nos.1 to 3 without any provocation attacked the de facto complainant. The accused came to the scene of occurrence on a bike. The de facto complainant was on the side of the road. It is alleged that accused No.1 hit on the head of de facto complainant with a helmet and the other accused fisted and stamped the de facto complainant. 4. The learned Public Prosecutor submitted that on the same day, the accused persons committed two other crimes. In one case the offence under Section 302 of I.P.C. is involved and in another case offence under Section 326 of I.P.C. is involved. The learned Public Prosecutor submitted Bail Appln.No.6287/2011 : 2 : that the accused persons wanted to gain importance in the area and to terrorise people by gaining the name that they are the most dreadful persons. It is submitted that in order to achieve that goal they indiscriminately attacked innocent people without any provocation or without any reason, causing the death of one person and causing serious injuries to others. It is submitted that these attacks were made by the accused as a prelude to their becoming dangerous goondas in the area. 5. In the facts and circumstances of the case, in spite of the fact that the charge sheet was filed on 21/07/2011, I do not find it just and proper to release the petitioner on bail. If he is released on bail, it will be dangerous to the peace loving people. It is most likely that he and his companions would indulge in other criminal activities to the detriment of the interests of the ordinary people. It is also likely that the petitioner and other accused would terrorise, intimidate or influence the prosecution witnesses. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj