IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9675 of 2011() ----------------------------- CRIME NO.1397/2011 OF ANGAMALY POLICE STATION PETITIONER : ACCUSED : ---------------------- SIJU, S/O.NARAYANAN, AGED 31 YEARS, KARIMBANAKKAL H,EDALAKKAD KARA, MOOKANNUR,NOW RESIDING NEAR MUNIKKAL TEMPLE, CHENGAMANAD. BY ADV. SRI.C.K.PAVITHRAN SRI.M.VIVEK RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9675 of 2011 ---------------------------------------------- Dated this the 06th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.1397 of 2011 of Angamaly Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 120B, 212, 447 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following : The first accused had enmity towards the deceased. He conspired with the other accused to do away with the deceased. As a result of the conspiracy, on 28.8.2011 between 6 and 6.30 A.M., the other accused persons went to the poultry farm run by the deceased and attacked him with swords. The deceased sustained serious injuries and he succumbed to the injuries while undergoing treatment in the Specialists Hospital, Ernakulam. Bail Appln.No.9675/2011 : 2 : 4. The allegation is that the first accused engaged accused No.4 on a contract for committing the crime, which is popularly known as 'quotation', for a consideration of Rupees Ten lakhs. The learned Public Prosecutor submitted that the petitioner has an alias name as “Thoppikkili” and he is involved in several cases, the details of which are shown below:- Sl. No. Cr.No. Name of Police Station Section of Law Present Stage 1 397/02 Angamaly 341, 353, 506(ii), 34 I.P.C. Pending Trial before JFCM-II Aluva 2 260/03 “ 308, 365, 34 I.P.C. -DO- 3 614/03 Kalady 143, 147, 148, 307 r/w 149 I..P.C. & 25 (1) of Arms Act and 3 of Expl.Act Pending Trial before Addl.Sessions Court, Perumbavoor. 4 248/06 “ 143, 147, 148, 323, 324, 308 r/w 149 I.P.C. and Sec.3 of Expl.Act and Sec.2 of Arms Act. Pending Trial before -DO- 5 340/08 “ 143, 147, 148, 324, 452 r/w 149 I.P.C and Sec.25, 27 of Arms Act. Pending Trial before JFCM, Perumbavoor 6 284/06 Chengamanad 307 & 34 I.P.C. and Sec.25(1) of the Arms Act. Pending Trial before JFCM-I Aluva. 5. In the facts and circumstances of the case, I am of the view that if the petitioner is released on bail, he would Bail Appln.No.9675/2011 : 3 : influence, intimidate and terrorise the witnesses and tamper with the evidence. It is also likely that the petitioner would involve himself in similar offences, if bail is granted in the present case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj