IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 Bail Appl..No. 5841 of 2009() ----------------------------- CRIME NO.196/2009 OF KOLLAM WEST POLICE STATION .................... PETITIONER (S):1ST ACCUSED -------------------- ROLEND @ VAKKACHAN, S/O. ROBERT, EAST WEST NAGAR-47, THANGASSERY WARD, KOLLAM WEST VILLAGE, KOLLAM DIST. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, KOLLAM WEST POLICE STTION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5841 of 2009 --------------------------------------------- Dated this the 8th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.196 of 2009 of Kollam West Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 447, 294(b), 323, 324, 325 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 12.4.2009. The allegation is that the petitioner and the other accused attacked the defacto complainant and others with swords and other weapons. The defacto complainant sustained very serious injuries. The petitioner was arrested on 21.9.2009 at 3 P.M. It is alleged that he escaped from the custody of police at 5 P.M. In respect of that incident, Crime No.505 of 2009 was registered against the petitioner under Section 225(B) of the Indian Penal Code. The petitioner was re-arrested on 25.9.2009 and he is in judicial custody. 4. The learned counsel for the petitioner submitted that there is a counter case as Crime No.218 of 2009 in which the BA No.5841/2009 2 defacto complainant is one of the accused persons. The learned counsel for the petitioner also submitted that the petitioner is suffering from Hepatitis B and he is undergoing treatment for the same. Annexure A1 certificate is produced to show that he was under treatment for Hepatitis B for the period from 11.9.2009 to 18.9.2009. 5. The learned Public Prosecutor submitted that at present, the petitioner is admitted in the Medical College Hospital in a separate cell room for treatment. The learned Public Prosecutor also submitted that the petitioner is involved in 5 other cases in which one of the cases relates to an offence under the Arms Act. 6. Taking into account the facts and circumstances of the case, I do not think that the petitioner can be released on bail at this stage. The investigation is not complete. If the petitioner is released on bail at this stage, it would affect the smooth investigation of the case. The Bail Application is, therefore, dismissed with liberty to the petitioner to apply for bail after two weeks. K.T.SANKARAN, JUDGE csl