IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6861 of 2009() ------------------------------------- CRMP.11138/2009 of CHIEF JUDL.MAGISTRATE, ERNAKULAM RC 07(S)/2008/CBI/SCB/CHENNAI ( CRIME NO. 373/2008 OF IRITTY POLICE STATION ) .................... PETITIONERS/ACCUSED NO.11 & 12: ----------------------------------------------------- 1. P.V.NARAYANAN, S/O.KRISHNAN, AGED 60 YEARS, RESIDING AT P.V. NIVAS, KAKKAYANGAD P.O., PERAVOOR VIA, KANNUR DISTRICT. 2. BHASKARAN.V.V., S/O.PAITHAL, AGED 59 YEARS, RESIDING AT SURABHI HOUSE, UVVAPALLI, VILAKODE P.O., IRITTY VIA, KANNUR DISTRICT. BY ADV. SRI. M. SASINDRAN RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. C.B.I. REPRESENTED BY THE PROSECUTOR, C.B.I., ERNAKULAM. 2. STATE-REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR SRI. M. V. S. NAMBOOTHIRY, SC, C.B.I. FOR R1 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6861 of 2009 ------------------------------------ Dated this the 23rd day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.11 and 12 in RC 07(S)/2008/CBI/SCB/Chennai. 2. The offences alleged against the petitioners are under Sections 120-B and 302 of the Indian Penal Code. 3. The crime was originally registered as Crime No.373 of 2008 of Iritty Police Station. Subsequently, as per the order in a writ petition filed by the mother of the victim, the investigation was handed over to the Central Bureau of Investigation. On investigation by the C.B.I., the petitioners were also made accused persons in the case. 4. The prosecution case is that on 23.06.2008 at 13.30 hours, the victim was attacked by the accused persons with deadly weapons and he was murdered. It is stated that the deceased as well as the accused persons belong to different political parties and that the murder was committed due to political enmity. B.A. No. 6861 of 2009 2 5. The petitioners could be arrested only on 11.11.2009. The learned counsel for the petitioners submitted that the petitioners are respectable persons. They are senior citizens and they are the office bearers of a political party. One of the petitioners is a retired teacher also. 6. The counsel appearing for the C.B.I vehementally opposed the Bail Application. 7. Taking into account the facts and circumstances of the case, I do not think that bail can be granted to the petitioners at this stage. I am inclined to accept the contention of the learned counsel appearing for the C.B.I that if the petitioners are released on bail at this stage, they are most likely to influence or intimidate the witnesses, in spite of the fact that charge sheet was filed in the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln