IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Bail Appl..No. 5361 of 2011 CRIME NO.745 OF 2011 OF FORT KOCHI POLICE STATION PETITIONER-ACCUSED -------------------------------------- A.Z.KASIM, AGED 24 YEARS, S/O.A.K.ZACHARIA, V/438, NEW ROAD, MATTANCHERRY. BY ADV. SRI.ANTONY KUREETHARA SRI.C.AJITH KUMAR (KALLESSERIL) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA (REP.BY THE SUB INSPECTOR OF POLICE, FORT KOCHI POLICE STATION- CR-745 OF 2011 OF FORT KOCHI POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5361 OF 2011 ------------------------------------------------------ Dated this the 5th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.745 of 2011 of Fort Kochi Police Station. (The learned counsel for the petitioner submits that the petitioner is not accused No.1, but he is accused No.2.) 2. The offences alleged against the accused are under Sections 324, 506(ii) and 308 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 8.5.2011 at midnight, the accused attacked the defacto complainant with a sword and a knife. The place of occurrence is near a park within the limits of Fort Kochi Police Station. The prosecution case is that the defacto complainant had gone to the Police Station for lodging a petition against the accused persons alleging that they attacked him. While returning from the Police Station, the defacto complainant B.A. NO. 5361 OF 2011 :: 2 :: was again attacked by the accused persons and he sustained injuries. 4. The petitioner moved an application for anticipatory bail before the Sessions Court, which was dismissed on 25.5.2011. Thereafter, he moved the High Court under Section 438 of the Code of Criminal Procedure, which was also dismissed on 6.6.2011. The petitioner surrendered before police on 18.6.2011 and on production before the learned Magistrate, he was remanded to judicial custody. 5. The petitioner moved an application for regular bail before the learned Sessions Judge, which was dismissed by the order dated 28.6.2011. 6. The allegation is that the petitioner is a member of a goonda gang. It is also alleged that the peaceful life of the people in the locality is at stake due to the unlawful activities of the petitioner and his associates. The petitioner is involved in Crime No.123 of 2009 of Mattancherry Police Station, where the offences alleged are under Sections 143, 147, 148, 323, 324, 307 and 302 B.A. NO. 5361 OF 2011 :: 3 :: read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is also one of the accused in Crime No.692 of 2011 of Mattancherry Police Station for the offences under Sections 341 and 323 read with Section 34 of the Indian Penal Code. 7. The learned Public Prosecutor submitted that if the petitioner is released on bail, he is likely to indulge in similar criminal activities. 8. Taking into account the criminal antecedents of the petitioner and the peculiar facts and circumstances in which the offence was alleged to have been committed and also taking into account the fact that the investigation is in progress, I do not think that this is a fit case where bail can be granted to the petitioner at this stage. Accordingly, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/