IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Bail Appl..No. 741 of 2009() ---------------------------- (CR.NO.17/2009 OF ALAKODE POLICE STATE,KANNUR DISTRICT) PETITIONERS/ACCUSED NO. 1 TO 6, 8 & 9 --------------------------------------------------------- 1. SOOPY @ SAJITH, S/O.HAMZA, AGED 26 YEARS, CHERUKUNNONTAKATH, VELLAD AMSOM, ALAKODE, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. ABDUL SALAM, S/O.MUHAMMED, AGED 33 YEARS, VENGASSERI, ALAKODE AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. SANOJ.A.K., S/O.KUTTAPPAN, AGED 27 YEARS, AKKAMALIL, KALAYI MUKKU, ALAKODE, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. VINEESH T.K., S/O.KRISHNAN, AGED 23 YEARS, VANIYANKANDY PUTHIYA PURAYIL, VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 5. SREENOJ, S/O.SREEDHARAN, AGED 26 YEARS, THOTTATHIL PARAMBIL, KANIYANCHAL, VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT 6. ABHILASH, S/O.CHANDRAN, AGED 29 YEARS, PUTHIYA PURAYIL, VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT 7. JOBBY, S/O.JOY, AGED 27 YEARS, POOVATHU PARAMBIL, KARUVANCHAL POST, VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT 8. SHAFEEQ, S/O.MOIDEEN, AGED 27 YEARS, KALAYI MUKKU, KARUVANCHAL POST, ALAKODE, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT -------------------------- STATE, THROUGH THE STATION HOUSE OFFICER, ALAKODE POLICE STATION, KANNUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 741 of 2009 --------------------------------------------------- Dated this the 17 day of February, 2009. ORDER Petition for bail. 2. The alleged offences are under Sections 143, 147, 3431, 323, 304 and 149 of IPC. According to prosecution, petitioners ( A1 to 6, 8 and 9) along with others formed into an unlawful assembly and wrongfully restrained one Jobby and voluntarily caused hurt to him and chased him when he ran away and fell into a well and died due to drowning. 3. Petitioner no.2 was arrested on 22.1.2009. Petitioner nos. 1 and 3 to 6 were arrested on 27.1.2009 and petitioners 8 and 9 were arrested on 28.1.2009. Learned Public Prosecutor submitted that investigation is in the early stage. The incident occurred on 17.1.2009 during the celebration in a Church. Petitioner have acted in pursuance of a motive in view of another incident which occurred earlier and the matter is being investigated into. If, bail is granted to petitioner, at this stage, it will adversely affect the investigation, it is submitted. Learned counsel for petitioner submitted that deceased Jobby created [B.A.No.741/09] 2 some problem when the celebrations were going on in the Church and he was asked to keep quiet and he ran away and accidentally fell into a well and offence under Section 304 IPC is not attracted. 4. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and I do not find it fit to grant bail to petitioner at this stage, since it will adversely affect the investigation. Petition is dismissed. K. HEMA, JUDGE. Krs.