IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 7201 of 2008() ------------------------------------------- (CRIME NO.292/08 OF POOJAPPURA POLICE STATION) PETITIONER /ACCUSED 2 AND 3 :- -------------------------------------------------- 1. PRADEEP KUMAR, S/O. BHASKARAN, “NANDANAM”, PALLITHARA, VILAPPIL VILLAGE, THIRUVANANTHAPURAM. 2. BENNY, S/O. SIMON, VAYALNIKATHIYA PUTHEN VEEDU, JAGATHY WARD, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE AND COMPLAINANT: ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. --------------------------------------------- B.A.No.7201 of 2008 --------------------------------------------- Dated this the 28th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 452, 307 and 34 IPC. According to prosecution, petitioners (A2 and A3) along with first accused went to the house of the defacto complainant in search of her son, with whom they had enmity. On reaching the house, they made enquiries about the son, but, since son was not available, defacto complainant's husband was attacked. The first accused stabbed the defacto complainant's husband with a knife on the stomach and he sustained serious injury. The offence was committed in furtherance of common intention. 3. Learned counsel for petitioners submitted that petitioners are in custody from 21.10.2008 onwards and that petitioners have not committed any overt act. The stabbing was done by first accused and hence, they may be granted bail, it is submitted. 4. Learned public prosecutor opposed this bail application and pointed out that all the accused were having BA No. 7201 /2008 2 enmity towards defacto complainant's son and they had gone to the place with intention to commit the offence and they had shared common intention. Second accused had exhorted to kill the injured. It is also pointed out that though the the accused went in search of defacto complainant's son, on reaching the place of occurrence, they stabbed an innocent person, without any reason. The investigation is at the initial stage and if bail is granted, it will adversely affect investigation. 5. On hearing both sides, I am satisfied of the submissions made by learned public prosecutor and it is not fit to grant bail at this stage. The petition is dismissed. K.HEMA, JUDGE csl