IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 7076 of 2011() ----------------------------- CRMP.9980/2011 of J.M.F.C.-I, PUNALUR CRIME NO.484/2011 OF KULATHUPUZHA POLICE STATION KOLLAM .................... PETITIONER: ACCUSED 5: ------------------------------ SHIJIN, AGED 21 YEARS, S/O.SATHEESHAN, BIJU BHAVAN, ERAPPANKONAM, MANICKAL MURI, NEDUMANGADU TALUK. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7076 of 2011 --------------------------- Dated this the 2nd of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.484 of 2011 of Kulathupuzha Police Station. 2. The offences alleged against the petitioner are under Sections 307, 364, 120B and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following : Accused No.6 was on enmical terms with the de facto complainant. Accused No.6 engaged accused Nos.1 and 2, leaders of a quotation gang to do away with the de facto complainant. Accused Nos.3 to 5 are the members of the quotation gang of accused Nos.1 and 2. The de facto complainant is an autorickshaw driver. His autorickshaw was hired on 1.8.2011 by accused Nos.2, 3 and 4. While the autorickshaw reached at a lonely place, the de facto complainant was attacked by the accused persons. The other BA 7076/2011 2 accused persons also came to the scene of occurrence in another autorickshaw. All the accused attacked the de facto complainant with dangerous weapons like knives, iron rods and sticks. The de facto complainant sustained a penetrating stab injury on his lower chest, incised wound over his scalp and two stab injuries on his left lower leg. The learned Public Prosecutor submitted that the de facto complainant sustained fracture on both his legs. The de facto complainant is still in the hospital. 4. The allegations levelled against the accused are very grave in nature. The victim is still in the hospital. The investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is most likely that the witnesses would be influenced or intimidated, if bail is granted to the petitioner. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl