IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 419 of 2010() ---------------------------- CMP.126/2010 of J.M.F.C.-II,NEYYATTINKARA .................... (CRIME NO.260/2009 OF POZHIYOOR POLICE STATION) PETITIONERS/ACCUSED 1 TO 7: ------------------------------------------------- 1. STALIN,S/O.SILVAPICHA,FISHERMEN COLONY, POZHIYOOR DESOM,KULATHOOR VILLAGE. 2. ANTONY,S/O.SILUVA PICHA, THEKKE-KOLLAMKODU FISHERMEN COLONY,POZHIYOOR DESOM,KULATHOOR VILLAGE. 3. SHIBU,S/O.DEVADAS,THATHAPILLATHOPPU PURAYIDOM,THEKKE KOLLAMKODU,POZHIYOOR DESOM, KULATHOOR VILLAGE. 4. JOY,S/O.BENJILAS,FISHERMEN COLONY, THEKKEKOLLAMKODU POZHIYOOR DESOM, KULATHOOR VILLAGE. 5. AROGYADAS,S/O.ANTHONIYAR PICHA, KOLLAMKODU FISHERMEN COLONY,POZHIYOOR DESOM, KULATHOOR VILLAGE. 6. PLAYISES,S/O.DEVADAS,THEKEKOLLAMKODY FISHERMEN COLONY,POZHIYOOR DESOM, KULATHOOR VILLAGE. 7. ANTHONIYAR PICHA,S/O.FRANCIS, THEKKEKOLLAMKODU FISHERMEN COLONY,POZHIYOOR DESOM, KULATHOOR VILLAGE. BY ADV. MR.G.SUDHEER RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 419 of 2010 --------------------------------- Dated this the 10th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 to 7 in Crime No. 260 of 2009 of Pozhiyoor Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 294(b), 324, 341 and 302 of the Indian Penal Code. 3. The prosecution case is that on 25/12/2009 at 11A.M, the accused persons attacked one Sinkaram with deadly weapons, which resulted in the death of Sinkaram. Accused No.3 was arrested on 30/12/2009. All other accused were arrested on 26/12/2009 and they are in judicial custody. 4. The learned Public Prosecutor submitted that if the petitioners are released on bail, that will affect the law and order situation in the area. It is submitted that the relatives of the deceased are fishermen. A tense situation prevails in the area. It is also submitted by the learned Public Prosecutor that the investigation is not over and that if the petitioners are released B.A. No. 419 /2010 2 on bail at this stage, it would adversely affect the proper and smooth investigation of the case. 5. The learned Magistrate dismissed the Bail Application filed by the petitioners by a detailed order dated 4/1/2010. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the peculiar circumstances prevailing in the area to which the parties belong and taking into account the probable consequences that may ensue on the release of the petitioners on bail, I am inclined to accept the submission made by the learned Public Prosecutor and deny bail to the petitioners at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm