IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Bail Appl..No. 5036 of 2008() ----------------------------- CRMP.2225/2008 of D.C. & SESSIONS COURT,KOLLAM CMP.3648/2008 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.411/08 OF CHADAYAMANGALAM POLICE STATION PETITIONER/A4 ------------------------------ HAMSA @ KUNJUKUTTY,S/O.ABDUL RAHIM, THEKKUMOOTTIL VEEDU, NILAMEL MURI, NILAMEL VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENTS: ------------- THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5036 of 2008 ----------------------------------------- Dated this the 11th August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 326 and 308 read with 149 of Indian Penal Code. Petitioner is the fourth accused in the crime. 3. According to prosecution, the first accused, who is a Plus-2 student, attempted to attack a teacher, since he advised him not to come late in the school repeatedly. The de facto complainant, who is a Lab Assistant tried to intervene in the matter and this was not to the liking of the first accused. Therefore, the first accused and his relatives formed into an unlawful assembly and assaulted the de facto complainant and committed various offences including those under Sections 326 and 308 of Indian Penal Code. Learned counsel for petitioner submitted that the petitioner is in custody from 21.7.2008 onwards, for the past 20 days. 4. Learned Public Prosecutor opposed the petition and submitted that on consideration of the nature of the offence committed and the stage of investigation bail may not be granted. Investigation is at the preliminary stage. 5. I am satisfied of the submissions made by learned Public Prosecutor and I am not inclined to grant bail to the petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.