IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND FEBRUARY 2007 / 13TH MAGHA 1928 Bail Appl..No. 605 of 2007() ---------------------------- CMP.305/2007 of J.M.F.C.,NILAMBUR .................... CRIME NO.12/07 OF POTHUKALL POLICE STATION : PETITIONER/1ST ACCUSED ---------------------------------------- ARIMBRA BALAN, S/O. KUNHAN, EDAKKARA AMSOM, RESIDING AT NEERPUZHAMUKKAM, NILAMBUR TALUK. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: COMPLAINANT AS STATE ---------------------------------- 1. THE SUB INSPECTOR OF POLICE, POTHUKALLU POLICE STATION, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682 031. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 605 OF 2007 A ```````````````````````````````````````````````````` Dated this the 2nd day of February, 2007 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the first accused in Crime No.12/07 of Pothukallu Police Station for offences punishable under Secs.452 and 332 read with section 34 I.P.C., seeks his enlargement on bail. 2. The occurrence took place in the night of 22.1.2007 and the petitioner was arrested on 25.1.2007. 3. I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application. 4. The case of the prosecution is that the petitioner along with other accused trespassed into the office room of the Nilambur Forest Station and attacked the de facto complainant namely, the Deputy Range Officer and had destroyed the office files and a petrolmax kept in the office. It is also alleged that the Forest Guard on duty was locked up in a room and had to be rescued. The learned Public Prosecutor also submitted that the petitioner is involved in another forest offences. The investigation of the case is still in the preliminary stage. The BA.605/07 2 antecedents of the petitioner are also sufficiently bad. If at this stage of the investigation he is released on bail, he will definitely influence and intimidate the prosecution witnesses and will tamper with the offence for the prosecution. I am not inclined to grant bail to the petitioner at this stage. This Application is accordingly dismissed. (V. RAMKUMAR, JUDGE) aks