IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4675 of 2009() ----------------------------- CRIME NO.289/2009 OF PALODU POLICE STATION .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- DAVID @ SASI, S/O.LATE ACHUTHAN NADAR, SHINE HOUSE, VANMARATHU VALAKOM, KOVILOOR, KUDAPPANAMOODU P.O., VELLARADA VILLAGE, NEYYATTINKARA. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, PALODU POLICE CIRCLE, NEDUMANGADU, THIRUVANANTHAPURAM. DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4675 of 2009 --------------------------------------------- Dated this the 20th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.289 of 2009 of Palodu Police Station. 2. The offences alleged against the petitioner are under Sections 294(b) and 302 read with Section 34 of the Indian Penal Code. 3. The incident was on 1.7.2009. The petitioner was arrested on 12.7.2009. It is submitted by the learned Public Prosecutor that the investigation is in progress. If the petitioner is released on bail at this stage, it would affect the proper investigation of the case. 4. Taking into account the facts and circumstances of the case and also the fact that the investigation is in progress, I do not think that it is proper to release the petitioner on bail at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl