IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Bail Appl..No. 5488 of 2011 CRMP.1616/2011 OF J.M.F.C. - I, ETTUMANOOR CRIME NO.179 OF 2011 OF KIDANGOOR POLICE STATION, KOTTAYAM. PETITIONER/ACCUSED -------------------------------------- GEORGE MATHEW,AGED 56 YEARS, S/O.MATHEW, MAVILEMALAYIL HOUSE, PERIYARAMANGALAM KARA, KIDANGOOR VILLAGE. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, KIDANGOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5488 OF 2011 ------------------------------------------------------ Dated this the 20th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.179 of 2011 of Kidangoor Police Station, Kottayam District. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that on 15.6.2011 at 7.30 P.M., the accused inflicted injuries on the deceased by stabbing him with a knife which resulted in the death of the injured. The petitioner was arrested on 17.6.2011 and he was remanded to judicial custody. 4. The investigation is in progress. It is submitted by the learned Public Prosecutor that FSL report is awaited. 5. Learned counsel for the petitioner submitted that the petitioner BAIL APPL. NO.5488 OF 2011 :: 2 :: is suffering from pancreatitis and myocardial infraction. The counsel relied on Annexure III medical certificate dated 30.6.2011 issued by the Assistant Surgeon and Family Physician, Government Hospital, Kadaplamattom. The certificate only shows that the patient needs complete check up at intervals. 6. The learned Government Pleader submitted that whatever medical check up is required to the petitioner, it would be provided in the jail. This submission is recorded. 7. In the facts and circumstances of the case, I am of the view that it is not proper to release the petitioner on bail at this stage. If the petitioner is released on bail, there is likelihood of the witnesses being influenced and the evidence being tampered with at his instance. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/