IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2800 of 2009() ----------------------------- CMP.9380/2009 of J.M.F.C., KAYAMKULAM CRIME NO.328/09 OF KAYAMKULAM POLICE STATION PETITIONERS/ACCUSED-A9 ------------------------------------------ MUJEEB @ VEETA MUJEEB, AGED 28 YEARS, S/O. RAJEN, SAKEENA MANZIL, KMC WARD-35, KAYAMKULAM MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2800 of 2009 ----------------------------------------- Dated this the 23rd May, 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 9th accused in Crime No. 328/09 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 450, 294(b), 324, 506(II), 307 and 427 of the Indian Penal Code, Section 3 of the Explosive Substance Act and Section 7(b) read with Section 27 of the Arms Act. 3. The petitioner was arrested on 27.4.2009. The investigation is not over. Learned Public Prosecutor submits that the de facto complainant and a customer in the shop run by the de facto complainant by name, Biju Madhavan sustained serious injuries. It is also submitted that one leg of Biju Madhavan was amputated. BA.2800/09 2 4. Taking into account the facts and circumstances of the case, the nature of the offences and the present stage of investigation, I am of the view that at present bail cannot be granted to the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE vgs.