IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 6103 of 2011() ----------------------------- AGAINST THE ORDER IN BA.4151/2011 Dated 06/06/2011 CRIME NO.745 OF 2011 OF FORT KOCHI POLICE STATION .................... PETITIONER/1ST ACCUSED ------------------------------------------ KASIM A.Z., AGED 24 YEARS, S/O.A.K.ZAKHARIA, V/438, NEW ROAD, MATTANCHERRY. BY ADV. SRI.K.R.RAJKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6103 OF 2011 --------------------------------- Dated this the 1st day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 1st accused in Crime No.745 of 2011 of the Fort Kochi Police Station. 2.The offences alleged against the petitioner are under Sections 324, 506(ii) and 308 read with 34 of the Indian Penal Code and Section 27 of the Arms Act. 3.The date of occurrence was on 8.5.2011. It is stated that the petitioner surrendered before the court on 18.6.2011. The petitioner was remanded to judicial custody. 4. The prosecution case is that on 8.5.2011, after the midnight, the accused persons attacked the defacto complainant at a place near Mehboob Park, on account of B.A.No.6103 OF 2011 2 previous enmity. The allegation is that the first accused attacked the defacto complainant with a knife and the second accused used a sword. 5. The learned Public Prosecutor submitted that the petitioner is involved in Crime No.123 of 2009 of Mattancherry Police Station where the offence alleged against the petitioner is under Section 302 of the Indian Penal Code. The petitioner is involved in Crime No.692 of 2011 of the Mattancherry Police Station also. The learned Public Prosecutor submitted that both the accused are having criminal antecedents and the second accused is undergoing sentence in another case. 6. The investigation is in progress. If the petitioner who has criminal antecedents, is released on bail, it is most likely that he would influence or intimidate or terrorize the prosecution witnesses and tamper with the evidence. It is also likely that the petitioner may indulge in criminal activities to achieve that purpose. In these circumstances, I am not inclined to grant bail to the petitioner at this stage. B.A.No.6103 OF 2011 3 The Bail Application is, accordingly, dismissed. K.T.SANKARAN, JUDGE cms