IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6814 of 2009() ----------------------------------------- CMP.9666/2009 of J.M.F.C.-III,NEYYATTINKARA CRIME NO.305/2009 OF KOVALAM POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED: --------------------------------------- SUMESH, AGED 19 YEARS, S/O.SELVAN, PERUMARAM THUNDUTHATTU VEEDU, PANAGODU DESOM, VENGANOOR VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING CIRCLE INSPECTOR OF POLICE, VIZHINJAM POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6814 of 2009 ------------------------------------ Dated this the 25th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.305/2009 of Kovalam Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. On 5/7/2009, a decomposed dead body of a person was found under a bridge. The police was informed. The Post Mortem Examination revealed that the deceased had sustained injuries on his head and neck. There are 15 antemortem injuries noted in the Post Mortem Certificate. 4. The crime was originally registered under Section 174 of the Code of Criminal Procedure. 5. On Abin Raj, S/o. Rajendran was missing from 28/6/2009. Crime No.423/2009 was registered by Thiruvallam Police for man missing in respect of Abin Raj on 27/9/2009. 6. The petitioner was arrested in connection with Crime No.413/2009 on 14/9/2009. That was a case in respect of theft B.A. No. 6814/2009 2 committed in a church. The petitioner was released on bail on 30/9/2009 in Crime No.413/2009. 7. The petitioner was arrested in the present case on 7/10/2009 and he was remanded to judicial custody. 8. The learned counsel for the petitioner submitted that the Post Mortem examination revealed that the deceased was aged 33years and therefore, the prosecution case that the dead body was that of Abin Raj would not be correct. Abin Raj was aged only 20 years. It is also submitted that there is no material to connect the petitioner with the offence. 9. The learned Public Prosecutor submitted that the investigation is at the initial stage. The deceased sustained several injuries. It is suspected that the offence was committed near the house of the petitioner. If so, the complicity of other persons is also a matter for investigation. The investigation so far conducted would indicate that there is no eye witness to the incident. Of course, it is also a matter to be further investigated. It is also submitted that discovery of weapon was effected under Section 27 of the Evidence Act, following the confession made by B.A. No. 6814/2009 3 the petitioner. The purse belonging to the deceased was also discovered under Section 27 of the Evidence Act. 10. In the facts and circumstances of the case, it is not proper to release the petitioner on bail at this stage. If the petitioner is released on bail, it would affect the proper investigation of the case. It is to be noted that the petitioner is involved in another case of theft as well. It is alleged that the petitioner is an addict to Alcohol and drugs. These circumstances are also relevant in considering the question whether it is proper to release the petitioner on bail at this stage. 11. In the facts and circumstances of the case, I am of the view that bail cannot be granted to the petitioner. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm