IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6724 of 2011() ----------------------------- CMP.7398/2011 of J.M.F.C.-I,NEDUMANGAD CRIME NO.702 OF 2011 OF VENJARAMOODU POLICE STATION .................... PETITIONER/4TH ACCUSED --------------------------------- SURESH, S/O. SIVADASAN, POOVACHAL PUTHEN VEEDU, KALPPANA COLONY, MENAMKULAM VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6724 OF 2011 --------------------------------- Dated this the 25th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No. 702 of 2011 of Venjaramoodu Police Station. 2.The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324, 302, 308, 341 and 427 read with 149 of the Indian Penal Code . 3. The prosecution case is that on 11.7.2011, the accused persons trespassed into several houses in a particular locality, and ransacked the houses and caused damage to the houses. In respect of that incident, Crime No.699 of 2011 was registered against them. It is alleged that on the same day, at about 3 P.M, the accused persons forcibly stopped the autorickshaw driven by the victim, and without any provocation, attacked him with dangerous weapons. The victim sustained head injuries. He B.A.No.6724 OF 2011 2 succumbed to the injuries on 26.7.2011. The learned Public Prosecutor submitted that there were 13 antemortem injuries on the body of the deceased. 4. The petitioner was arrested on 11.7.2011 and he was remanded to judicial custody. The investigation is in progress. 5. The Bail Application is opposed by the learned Public Prosecutor. 6. The investigation is at the initial stage. At this stage if the petitioner is released on bail, it would adversely affect the proper investigation of the case. It is likely that the petitioner may intimidate or influence the prosecution witnesses, if bail is granted to him. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms