IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Bail Appl..No. 7240 of 2009() ----------------------------- CRIME NO.467/2009 OF MATTANNUR POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ NEYYAN RAJEESH,S/O.RAVEENDRAN, AGED 28 YEARS,THAYYIL HOUSE,SIVAPURAM AMSOM, KANJILERI DESOM,KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7240 of 2009 --------------------------------------------- Dated this the 9th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.467 of 2009 of Mattannur Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324, 452, 427 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 24.10.2009, the accused persons trespassed into the bar hotel in which the de facto complainant was working as a supervisor, attacked him, the Manager and other staff of the bar hotel with deadly weapons and thereby caused serious injuries to one Jijesh. The de facto complainant and the other staff also had sustained injuries as a result of the attack. The motive alleged for commission of the offence is that the de facto complainant and others had questioned the act of the first accused in causing nuisance in the bar hotel on an earlier occasion. 4. The petitioner was arrested on 21.11.2009 and he was BA No.7240/2009 2 remanded to judicial custody. 5. The investigation is at the initial stage. All the accused persons are not arrested. It is submitted that if the petitioner is released on bail at this stage, it would seriously affect the proper investigation of the case. 6. Taking into account the facts and circumstances of the case and the nature of the offence, I do not think it is proper to release the petitioner on bail at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl