IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 9987 of 2011() ----------------------------- CMP.8237/2011 of J.M.F.C.-I,ATTINGAL CRIME NO.1724 OF 2011 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DT. .................... PETITIONER/ACCUSED -------------------------------------- SAHADEVAN, S/O. DAMODARAN, VALIYAKUNNIL VEEDU, CHITTATTINKARA DESOM, KIZHUVILAM VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE ATTINGAL POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9987 OF 2011 --------------------------------- Dated this the 8th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1724 of 2011 of Attingal Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioner are under Sections 294(b) and 308 of the Indian Penal Code. 3. The prosecution case is the following: The defacto complainant is a driver in Kerala State Road Transport Corporation. His daughter, aged 13 years, went to the provision shop run by the petitioner to purchase milk. When she came back to the house, she was crying. She stated to the defacto complainant that the petitioner abused her. The defacto complainant directed his daughter to B.A.No. 9987 OF 2011 2 return the milk at the petitioner's shop. When she came back, she was crying. On enquiry, the daughter of the defacto complainant told the defacto complainant that the petitioner misbehaved towards her by lifting his dothie. The defacto complainant went to the shop of the petitioner by about 6.50 A.M and enquired about the incident. The defacto complainant stated that he would come back after his duty in K.S.R.T.C. While returning back to take his bike, the petitioner stabbed him several times with a knife, having a length of about 1 foot. The defacto complainant sustained serious injuries. He was taken to the hospital at Attingal from where he was taken to the Medical College Hospital, Thiruvananthapuram. The defacto complainant underwent a surgery. It is stated in the First Information Statement that the defacto complainant sustained three incised wounds, which were sutured at the hospital. 4. The petitioner was arrested on 19.11.2011 and he was remanded to judicial custody. B.A.No. 9987 OF 2011 3 5. The learned counsel for the petitioner submitted that the petitioner is aged 70 years, and that there is no reason why the petitioner should be detained further. 6. The learned Public Prosecutor submitted that the investigation is at the initial stage, and if the petitioner is released on bail at this stage, he would intimidate and influence the witnesses and tamper with evidence. 7. The allegations levelled against the petitioner are very grave in nature. The defacto complainant sustained serious injuries. The investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms