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. 6569 of 2009() ----------------------------- Cr.NO.230/09 OF KANNUR CITY POLICE STATION, KANNUR .................... PETITIONER/ACCUSED -------------------------------------- SASI T.N, @ THONAKKARA THAKIDIYEL SASI S/O.NARAYANAN, AGED 47 YEARS, THONAKKARA THAKIDIYEL HOUSE, P.O.VELLAD, VELLAD AMSOM TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): --------------- STATION HOUSE OFFICER, KANNUR CITY POLICE STATION, KANNUR DISTRICT (CRIME NO.230/09 OF KANNUR CITY POLICE STATION KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND 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.6569 of 2009 --------------------------------------------- Dated this the 23rd day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Cr.No.230 of 2009 of Kannur City Police Station. 2. The offence alleged against the petitioner is under Section 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 5.9.2009 in the early hours, the first accused, husband of the deceased, as well as the deceased boarded in a Maruti Omni car under the pretext that the first accused was suffering from severe stomach pain. It is stated that the first accused told his wife that he had to go to the hospital. The wife accompanied him. After driving the car for some distance, the car was stopped. The first accused and the deceased got out of the car. Stealthily, the second accused got into the car. It is alleged that they together committed the murder of the deceased. The dead body was abandoned in the car and the accused left the place. 4. The petitioner was arrested on 10.9.2009 and he was remanded to judicial custody. The petitioner filed Bail Application BA No.6569/2009 2 No.5947 of 2009 which was dismissed by the order dated 23rd October, 2009. 5. The investigation is not over. The first accused is not arrested so far. The learned Public Prosecutor submitted that there are materials to indicate that the accused persons had made an attempt to do away with the deceased one week before the date of the incident and on that occasion, they could not succeed in their attempt. It is also submitted by the learned Public Prosecutor that if the petitioner is released on bail, the investigating officer may find it difficult to arrest the first accused. The intimate relationship between them is also to be taken note of. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that if the petitioner is released on bail, it would adversely affect the proper investigation of the case. It is also likely that the petitioner may tamper with the evidence and intimidate the witnesses. For the aforesaid reasons, I am not inclined to grant bail to the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl