IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2812 of 2009() ----------------------------- CRIME NO.328/09 OF KAYAMKULAM POLICE STATION .................... PETITIONER/ACCUSED NO.6 ------------------------------------------- SANGEETH @ DEVAN, AGED 19 YEARS, S/O. GOPI, MANATTEL VEEDU, KMC-WARD-21, PULLIKKANAKKU MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.2812 of 2009 ----------------------------------- Dated this the 10th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.328 of 2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 450, 294(b), 324, 506 (11), 307, 427 and 326 of the Indian Penal Code, Section 3 of the Explosive Substance Act and Section 7(b)read with Section 27(ii) of the Arms Act 3. The petitioner was arrested on 24.4.2009. The allegation is that the 9th accused approached the defacto complainant on an earlier occasion demanding compulsory contribution which is popularly known as 'Gundapirivu'. The defacto complainant refused to pay the money and the ninth accused was assaulted by the defacto complainant. As a retaliation, the offence alleged in the present case was committed in which 12 accused persons are involved. The prosecution case is that the accused persons trespassed into the shop run by the defacto complainant and attacked the defacto complainant and also the customer by name, Biju Mahadevan. Both of them sustained injuries. BA No. 2812/2009 2 As a result of the injuries one leg of Biju Mahadevan was amputated. He is still under treatment in the hospital. 4. Bail application No.2800 of 2009 filed by accused No.9 was dismissed by me on 23.5.2009. Taking into account the facts and circumstances of the case, the nature of the offence, injury sustained by the defacto complainant and his customer and the present stage of investigation, I am not inclined to grant bail to the petitioner at this stage. If the petitioner is released on bail, it would seriously affect the proper investigation of the case. There is also a likelihood that he may indulge in similar criminal activities. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl