IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 6158 of 2011() ----------------------------- CRIME NO.445/2011 OF TALIPARAMBA POLICE STATION .................... PETITIONER : ACCUSED NO.2 ------------------------------ ANOOP.N., S/O.CHACKO, AGED 26 YEARS, NIRICHAN YEARS, PATTUVAM, MANGALASSERY, THALIPARAMBA TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): --------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6158 of 2011 --------------------------- Dated this the 3rd day of August, 2011 O R D E R 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 BA 6158/2011 2 to a shop. It is alleged that accused No.2 (petitioner) called the other accused over 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. K.T.SANKARAN JUDGE csl