IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 6089 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.3734/2011 Dated 20/05/2011 Crime No.2204 of 2010 of Ernakulam Town Police Station (North), Ernakulam District. APPLICANT/ACCUSED -------------------- RASHEED, AGED 34 YEARS, S/O.KASIM, PUTHIYEDATH VEEDU, CHENDAKUNI DESOM, MEENANGADI PANCHAYATH, PURAKKADY VILLAGE, WAYANADU DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN SRI.RAKESH ROSHAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I. OF POLICE, ERNAKULAM TOWN POLICE STATION (NORTH). PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6089 of 2011 ---------------------------------------------- Dated this the 03rd day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.2204 of 2010 of Ernakulam Town Police Station (North), Ernakulam District. 2. The offences alleged against the petitioner are under Sections 449, 347, 302, 397 and 452 of the Indian Penal Code. 3. The prosecution case is the following:- The petitioner belongs to Wayanad. He was in need of money. He wanted to go abroad. He decided to raise funds by committing robbery. For that purpose he came to Ernakulam. He was watching the place where he had to commit robbery. Finally, he located the house of the deceased. In the upstair portion of the house, the deceased used to rent out rooms. The petitioner went to the house of the deceased and requested to let out a room. At that time the husband of the deceased was there. The petitioner was asked to come in the evening. At about 3.30 p.m. on 16/11/2010 the Bail Appln.No.6089/2011 : 2 : petitioner went near the house and waited till the husband of the deceased leave the place. After the husband of the deceased left the place, the petitioner went to the house of the deceased. Deceased led the petitioner to the room. Immediately after both of them entered into the room, the petitioner closed the door and bolted the door. He placed a cot across the door. Thereafter he inflicted injuries on the deceased with a chopper and murdered her. The deceased sustained 37 cut injuries on her head, face and body. The petitioner left the place after robbing the gold chain of the deceased. He also took away the gold bangles of the deceased. The petitioner was arrested from Lourd Hospital where he had gone for dressing his wounds. The gold ornaments were recovered from him. He was arrested. 4. The petitioner moved for bail on two occasions before the Sessions Judge. Those applications were dismissed. The petitioner also moved Bail Appln.No.3734 of 2011 which was also dismissed by learned Single Judge in the order dated 20th May, 2011. 5. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case. Committal proceedings are going on. Bail Appln.No.6089/2011 : 3 : 6. If the petitioner is released on bail, there is every chance of his absconding and making himself scarce. There is also every likelihood that he would terrorise, influence or intimidate the prosecution witnesses and tamper with the evidence. It is not safe to release the petitioner on bail at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj