IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Bail Appl..No. 7722 of 2011() ----------------------------- CRIME NO.202/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION PETITIONER/ACCUSED NO.11: --------------------------------- M.V.LATHEEF, S/O.AHAMMED, AGED 36 YEARS, MADALAN VALLIYOTTU HOUSE, KORANPEEDIKA, PARIYARAM AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT: --------------------------- STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM THROUGH S.H.O.PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/09/2011, ALONG WITH B.A.NO.7732/2011 AND OTHERS, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.Nos.7722, 7723, 7728 & 7732 of 2011 --------------------------- Dated this the 28th day of September, 2011 O R D E R All these Bail Applications under Sections 439 of the Code of Criminal Procedure were filed by the same person and therefore, these applications are being dealt with by this common order. The details of crime numbers in which the petitioner is the accused, the offences alleged, date of arrest and Bail Application Numbers are shown below. All these crimes were registered at Pariyaram Medical College Police Station. ---------------------------------------------------------------------------------------- Crime No. Offences Rank of the Date of B.A.No. under Section Accused Arrest ---------------------------------------------------------------------------------------- 202/2010 143, 147, 148, 452 11 7/9/2011 7722/2011 427, 428, 324, 395 & 506(i) r/w 149IPC 235/2011 323, 324, 326 2 7/9/2011 7723/2011 & 341 r/w 34 IPC 196/2010 143, 147, 148, 332 1 7/9/2011 7728/2011 and 307 r/w 149 IPC and 3 & 5 of the Explosive Substances Act 215/2010 143, 147, 148, 452, 2 7/9/2011 7732/2011 326, 427 and 307 r/w 149 IPC ---------------------------------------------------------------------------------------- BA Nos.7722/11 & conn. cases 2 2. The allegation in Crime No.202 of 2010 is that on 29.5.2010 at 3.45 P.M., about 50 persons including the petitioner criminally trespassed into the house of the de facto complainant, destroyed the household articles, pushed two pet dogs into the well, committed theft of 5 1/2 sovereigns of gold ornaments and 35 kgms. of pepper and caused a loss to the tune of ` 2,86,000/- to the de facto complainant. 3. The allegation in Crime No.235 of 2011 is that on 12.8.2011 at 8.40 P.M., the petitioner and three others restrained the de facto complainant and his friend, who were going to Pariyaram Medical College hospital, and attacked them with iron rods and sticks. 4. The allegation in Crime No.196 of 2010 is that on 29.5.2010 at 3.30 P.M., on the day of hartal called by a political party, the accused persons including the petitioner prevented the police officers from discharging their official duties and hurled steel bombs towards the police. Injury was sustained by a policeman as a result of the hurling of steel bomb. BA Nos.7722/11 & conn. cases 3 5. The allegation in Crime No.215 of 2010 is that accused Nos.1 to 9 and 21 identifiable persons trespassed into the house of the de facto complainant and destroyed the household articles and they attacked the son of the de facto complainant with sword and iron rods. 6. The learned Public Prosecutors very vehemently opposed the Bail Applications. It is submitted that the petitioner is involved in several cases and that he causes great trouble and law and order problems in the locality. It is submitted that the petitioner is involved in Crime Nos.468 of 2010 and 7 of 2011 registered at Pazhayangadi Police Station and in Crime Nos.54 of 2009, 55 of 2009, 57 of 2009, 58 of 2009, 60 of 2009, 61 of 2009, 612 of 2009 and 1005 of 2008 registered at Taliparamba Police Station. 7. The allegations levelled against the petitioner are grave in nature. The various dates of commission of the different crimes, the nature of the offence and gravity of the same would indicate that if the petitioner is released on bail, it would cause BA Nos.7722/11 & conn. cases 4 law and order problems in the area causing disturbance to the peaceful life of the persons in the locality. The petitioner could not be arrested in the aforesaid cases as he was not available and he could be arrested only on 7.9.2011. This itself would indicate that if the petitioner is released on bail at this stage, he would make himself scarce. 8. The petitioner has political support and all these offences were allegedly committed on account of political rivalry towards the de facto complainant in the respective cases. If the petitioner is released on bail at this stage of investigation, it is most likely that he would influence, intimidate or terrorise the prosecution witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Applications are dismissed. K.T.SANKARAN JUDGE csl