IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Bail Appl..No. 3549 of 2008() ----------------------------- CMP.2364/2008 of J.M.F.C.-II,THAMARASSERY CRIME NO.244/08 OF MUKKOM POLICE STATION PETITIONER: ----------------- RAJESH,S/O. KARAPPAN, AGED 29 ERANDATH HOUSE, VALLILLAPUZHA. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STAITON. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3549 of 2008 ----------------------------------------- Dated this the 5th day of June, 2008 O R D E R This petition is for bail. 2. Petitioner is the first accused. The alleged offences are under Section 302 read with 34 of Indian Penal Code. According to prosecution, on 2.5.2008, the petitioner and another assaulted a security guard at 3 AM on 2.5.2008 and he died due to the injuries sustained. Petitioner and three others came in an auto rickshaw and picked up quarrel with the security guard. 3. Learned counsel for petitioner submitted that the only allegation made against the petitioner is that he kicked on the stomach. No weapons were used . 4. This petition is opposed. Learned Public Prosecutor submitted that investigation is at the preliminary stage and in case the petitioner is released on bail, he may interfere with the investigation by influencing witnesses etc. I am satisfied of the submissions made by learned Public Prosecutor and I am not inclined to grant bail to the petitioner at this stage. This petition is dismissed. K.HEMA, JUDGE vgs.