IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5501 of 2011() ----------------------------- CRIME NO.25/2011 OF KASARAGOD POLICE STATION PETITIONERS/ACCUSED 5 AND 7 ---------------------------------------------- 1. G.JYOTHISH @ JYOTHISH KUMAR, S/O.GOPALAN,JC NAGAR HOUSE,ANANGOOR,KASABA VILLAGE KASARAGOD. 2. KISHOR @ K.G.KISHOR KUMAR, S/O.K.G.MADHAVAN,AYYAPPA NAGAR HOUSE, KUDLU VILLAGE,KASARAGOD. BY ADV. SRI.T.R.TARIN RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KASARAGOD POLICE STATION 671 121. 2. STATE,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jma K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5501 of 2011 ---------------------------------------------- Dated this the 13th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.5 and 7 in Crime No.25 of 2011 of Kasaragod Police Station, which is now pending as C.P.No.156 of 2011 on the file of the court of the Judicial Magistrate of the First Class, Kasaragod. 2. The offences alleged against the petitioners are under Sections 324, 302, 153-A, 201 and 120-B read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 09/01/2011, while the deceased was travelling on a bike with a pillion rider, the accused persons attacked them with iron pipes and knife. The deceased succumbed to injuries. The pillion rider sustained injuries. The petitioner surrendered before court on 11/05/2011, after the charge sheet was filed on 10/04/2011. He was remanded to judicial custody. 4. Bail Application is seriously opposed by the learned Public Prosecutor. He submitted that the petitioner is Bail Appln.No.5501/2011 : 2 : involved in another murder case and in several other criminal cases. 5. Taking into account the criminal antecedents of the petitioner and also the nature and gravity of the offences involved in the present case, I do not think that the petitioner can be released on bail at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE skj