IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 3450 of 2009() ----------------------------- CRIME NO.328/2009 OF KAYAMKULAM POLICE STATION .................... PETITIONER/ACCUSED-A1 ----------------------------------------- LIJU OOMMEN THOMAS,AGED 29 YEARS, S/O.THOMAS,EBENAZARPUTHEN VEEDU,PONAKAM MURI, THEKKEKARA VILLAGE,MAVELIKKARA. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- 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 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3450 OF 2009 ------------------------------------------------------ Dated this the 3rd August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.328 of 2009 of Kayamkulam Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 149, 450, 294(b), 324, 506(II), 307 and 427 read with Section 149 of the Indian Penal Code, Section 3 of the Explosive Substances Act and Section 7B of the Arms Act. The date of occurrence was on 22.4.2009. 3. The prosecution case is that the accused persons trespassed into a fast food shop run by the de facto complainant, attacked him and even attacked the customers therein. As a result of the attack, the de facto complainant sustained injuries. One customer, namely, Biju Madhavan, sustained serious injuries, resulting in amputation of his leg. The petitioner was arrested on 19.5.2009. B.A. NO. 3450 OF 2009 :: 2 :: 4. Learned Public Prosecutor submitted that the petitioner is involved in 25 other crimes including two murder cases and that if he is released on bail, it would affect not only the investigation of this case, but other cases as well. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the fact that the petitioner is involved in several other crimes, I am not inclined to grant bail to the petitioner. If the petitioner is released on bail, there is every likelihood of the investigation being affected and the witnesses being influenced. The fact that the petitioner is involved in 25 other crimes is also a factor to be taken note of. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/