IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6787 of 2011() ----------------------------- CMP.8359/2011 of J.M.F.C.-II,NEDUMANGAD CRIME NO.997/2011 OF NEDUMANGAD POLICE STATION .................... PETITIONER/1st ACCUSED ------------------------------------------- MANOJ @ MANU, S/O. KUMARAN THAMPI, THEJAS VEEDU, TC 6/293, KARIMANKULAM, VATTIYOORKAVU WARD, VATTIYOORKAVU VILLAGE, THIRUVANANTHAPURAM DISTRICT. 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 31/08/2011, ALONG WITH B.A.NO.6794/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- B.A.Nos.6787 & 6794 of 2011 ----------------------------------- Dated this the 31st day of August, 2011 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.992 of 2011 and accused No.1 in Crime No.997 of 2011 of Nedumangad Police Station. 2. The offences alleged against the petitioner in Crime No.992 of 2011 are under Sections 302 and 341 read with Section 34 of the Indian Penal Code. The offences alleged in Crime No.997 of 2011 are under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 1.6.2011, the accused persons committed three offences. They wanted to gain importance in the locality as dangerous goondas. To gain such importance, they decided to terrorise people, cause injuries to them or to do away with some of them. The accused BA 6787 & 6794/2011 2 moved around on a motor bike on the date of the incident and created terror in the locality. The petitioner was riding the motor bike and the other accused were pillion riders. The accused attacked several persons who were found on the way. Three crimes were registered in respect of the incidents which took place on that date. 4. The allegation in Crime No.992 of 2011 is that the accused blocked the bike on which the deceased was travelling. The deceased asked the accused to give him way. At that time, without any provocation, accused No.1 stabbed the deceased, accused No.2 fisted on his back and accused No.3 hit on his cheek. As a result of the injuries, the injured died on the same date. 5. The allegation in Crime No.997 of 2011 is that accused Nos.1 to 3, without any provocation attacked the de facto complainant. Accused No.1, the petitioner hit on the head of the de facto complainant with a helmet and the other accused fisted and stamped him. BA 6787 & 6794/2011 3 6. Charge sheet was filed in Crime No.997 of 2011 on 21.7.2011 and in Crime No.992 of 2011 on 12.8.2011. 7. In spite of the filing of the charge sheet, Bail Application No.6287 of 2011 filed by the petitioner in Crime No.997 of 2011 was dismissed by the order dated 8th August, 2011 holding that if the petitioner is released on bail, it would be dangerous to the life of peace loving people. It is true that charge sheets were filed in the cases. That by itself is not a sufficient ground, in the facts and circumstances of the case to grant bail to the petitioner. The impact of releasing the petitioner on the society at large is a factor to be taken note of while considering the question whether bail should be granted to the petitioner. The accused persons indiscriminately attacked innocent people with dangerous weapons for no rhyme or reason. The only aim of the accused was to gain importance in the locality and to gain 'fame' that they are dangerous people and thereby terrorise people to obey their orders. If the petitioner is released on bail, it would amount to denial of the freedom of law abiding BA 6787 & 6794/2011 4 people of the locality. I do not find it just and proper to grant bail to the petitioner. The Bail Applications are accordingly dismissed. K.T.SANKARAN JUDGE csl