IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5114 of 2009() ------------------------------------ CMP.2855/2009 of J.M.F.C.- I, OTTAPPALAM CRIME NO. 379/2009 OF OTTAPALAM POLICE STATION .................... ACCUSED NOS.1-4: --------------------------- 1. USMAN, S/O.MUHAMMED, VALIPARAMBIL HOUSE, NAGARIPURAM, PATHIRIPPALA, OTTAPALAM TALUK. 2. THAHIR, S/O. HAMZA, THORAPARAMBIL HOUSE, NAGARIPURAM, PATHIRIPALA, OTTAPALAM TALUK. 3. MAJEETH, S/O. NOORUMUHAMMED, YARATHINGAL HOUSE, NAGARIPURAM PATHIRIPALA, OTTAPALAM TALUK. 4. IBRAHIM, S/O.MOIDEEN, PARIKKANPARA, LAKKIDI, OTTAPALAM TALUK. BY ADV. SRI. SUNNY MATHEW RESPONDENTS/COMPLAINANT: -------------------------------------------- 1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, OTTAPALAM POLICE STATION. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5114 of 2009 ------------------------------------ Dated this the 10th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in Crime No. 379/2009 of Ottapalam Police Station. 2. The offences alleged against the petitioners are under Sections 153 A, 307 and 326 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 09.06.2009. The first accused was arrested on 11.08.1009. Accused Nos. 2 to 4 were arrested on 17.08.2009. 4. The prosecution case is that on 09.06.2009, while the defacto complainant was proceeding on a motor bike at Kizhakke Ottappalam, the accused persons attacked him with sword. He sustained serious injuries. At the time of attack, the accused persons were shouting several matters, which allegedly would attract Section 153 A of the Indian Penal Code. 5. The investigation of the case is not over. This Bail B.A. No. 5114 of 2009 2 Application is opposed by the learned Public Prosecutor. It is submitted that if the petitioners are released on bail at this stage, it would seriously affect the investigation of the case. It is most likely that the petitioners may try to influence or intimidate the witnesses or tamper with the evidence. It is also likely that the petitioners may make themselves scarce. 6. Taking into account the facts and circumstances of the case and the submission made by the learned Public Prosecutor, I am of the view that the petitioners are not entitled to released on bail at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln