IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 6081 of 2011() ----------------------------- CRMP.2903/2011 of J.M.F.C.,CHITTUR CRIME NO.457/2011 OF VADAKKANCHERRY POLICE STATION PALAKKAD DISTRICT. .................... PETITIONER : ACCUSED ------------------------------ SIVADASAN, S/O.CHAMI, KUNNAMKADU VEEDU KANNAMBRA, PALAKKAD DISTRICT BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT: --------------- STATE OF KERALA, REP.BY THE CIRCLE INSPECTOR OF POLICE, VADAKKANCHERY POLICE STAITON, PALAKKAD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6081 of 2011 ---------------------------------------------- Dated this the 01st 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.457 of 2011 of Vadakkancherry Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 341, 324, 354 and 307 of the Indian Penal Code. 3. The prosecution case is the following:- The de facto complainant is a practicing lawyer at Alathur. She filed a complaint against the accused in the present case, before the court of the Judicial Magistrate of the First Class, Alathur. That case is pending as C.C.No.143 of 2011. Infuriated by the initiation of the criminal proceedings against the petitioner, on 22/06/2011 at about 9.30 A.M., while the de facto complainant was riding a scooter, the petitioner threw stone against her. She fell down. The accused attacked her by catching hold of her hair. He hit the de facto Bail Appln.No.6081/2011 : 2 : complainant on her face and several parts of her body with stone. He also attacked the de facto complainant with a particular type of object. The de facto complainant sustained severe injuries including fractures. Her two teeth were dislocated. She was admitted in the hospital. The wound certificate would disclose serious injuries sustained by the de facto complainant. It is submitted that the C.T. scan would disclose that the de facto complainant sustained fracture of her skull. 4. The facts and circumstances prima facie would disclose that the accused brutally attacked a young lady lawyer who was alone. The attack was made in broad day light on public road. The way in which the attack was made and the weapons used would prima facie disclose the cruel nature of the offence. 5. If the petitioner is released on bail, it is almost certain that he would indulge in similar criminal activities against the de facto complainant. Going by the prosecution case, the de facto complainant was brutally attacked by the accused only on the ground that she filed a complaint against Bail Appln.No.6081/2011 : 3 : the accused. It is not safe to release the petitioner on bail as it would undermine the safety of the de facto complainant. 6. I am of the view that if the petitioner is released on bail at this stage, he would intimidate and influence the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge