IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 3426 of 2008(S) ------------------------------ CRIME 176/08 OF VARAPPUZHA POLICE STATION PETITIONER --------------------------- SHAJAN @ SAJAN, AGED 35 YEARS, S/O.JOSEPH, ODIPPATTU HOUSE, OLANADU KARA, ALANGAD VILLAGE. BY ADV. SRI.RAJIV NAMBISAN RESPONDENTS: ------------- STATE OF KERALA REP. BY C.I. OF POLICE, N.PARAVUR, REP. BY PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON 28/05/2008 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3426 of 2008 ----------------------------------------- Dated this the 28th day of May, 2008 O R D E R This petition is for bail. 2. According to prosecution, the petitioner committed murder of his own brother due to property dispute, by stabbing him with knife on the chest. 3. Learned counsel for petitioner submitted that first information statement is given by a person who was not a witness to the occurrence and that the petitioner has no criminal background. He is in custody since 20.4.2008 onwards and there is no evidence against him. 4. This petition is opposed. It is submitted by learned Public Prosecutor that there are eye witnesses to the occurrence and the close relatives like mother, brother etc. have witnessed the incident. If the petitioner is released on bail, it is likely that he will influence them and it will affect the investigation. I am satisfied of the submissions made by learned Public Prosecutor and I am satisfied that this is not a fit case to grant bail to the petitioner at this stage. This petition is dismissed. K.HEMA, JUDGE vgs.