IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Bail Appl..No. 7740 of 2009() ----------------------------------------- (CRIME NO.644/2009 OF THE KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT) PETITIONERS/ACCUSED NOS.2, 3 & 4: ------------------------------------------------------------ 1. RIFAI, S/O.BADARUDHEEN, KALACHEMBIL VEEDU, NEAT CHETTITHADAM THYKKAVU, CHATHINAMKULAM CHERRY, MANGADU VILLAGE, KOLLAM. 2. NISAMUDHEEN, @ CHITTIKARAN NASS, S/O.BADARUDHEEN, KALACHEMBIL VEEDU, MALAYALAM NAGAR, CHETTITHADAM, CHATHINAMKULAM, KOLLAM DISTRICT. 3. SRAJ @ SIRAJ, S/O.MYTHEENKUNJU, KUNNUVILA VEEDU, CHATHINAMKULAM CHERRY, MANGADU VILLAGE, KOLLAM. BY ADV. MR.C.RAJENDRAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7740 of 2009 ------------------------------------ Dated this the 7th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2, 3 and 4 in Crime No.644/2009 of Kilikolloor Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 447, 323, 326 and 302 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 24.11.2009. Accused Nos.2, 3 and 4 were arrested on 30.11.2009, 01.12.2009 and 10.12.2009 respectively. Accused No.5 is not arrested so far. 4. The investigation is at the initial stage. 5. Taking into account the facts and circumstances of the case, it is not proper to release the petitioners on bail at this stage. If the petitioners are released on bail at this stage, it would adversely affect the proper investigation of the case, as rightly pointed out by the learned Public Prosecutor. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln