IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 555 of 2010 CRIME NO.15 OF 2010 OF CHITTUR POLICE STATION, PALAKKAD DISTRICT PETITIONER/ACCUSED NO.9 ------------------------------------------- KAMAL,S/O.MANOHARAN,AGED 28 YEARS, KAMBILICHUNGAM COLONY,CHITTUR, PALAKKAD DISTRICT. BY ADV. SMT.V.SHYLAJA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP.BY SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 555 OF 2010 ------------------------------------------------------ Dated this the 5th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.9 in Crime No.15 of 2010 of Chittur Police Station, Palakkad District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 307, 302 and 506(ii) read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The gist of the prosecution case is the following: On 6.1.2010, a ganamela was going on in a temple. The group of persons consisting of the de facto complainant and his friends and the group of persons consisting of the accused persons were dancing at the place. There arose a dispute between the two groups. Accused No.4 caught hold of one Jayan and he was stabbed by accused No.1. Accused Nos.5 and 8 also had beaten B.A. NO. 555 OF 2010 :: 2 :: Jayan. The de facto complainant tried to prevent. He was also beaten. Thereafter, one Ajayan tried to prevent the accused from committing further attack. Accused No.4 restrained Ajayan and he was beaten by the other accused. Thereafter, one Ajeesh intervened and he was attacked by accused Nos.7 and 10. The deceased (Sandeep) tried to rescue Jayan, who had sustained very serious injuries. At that time, accused No.1 stabbed Sandeep. Sandeep died on the spot. Jayan was admitted in the hospital and his life was saved. 4. The petitioner was arrested on 10.1.2010 and he was remanded to judicial custody. 5. The investigation is going on. The Bail Application is opposed by the learned Public Prosecutor. It is submitted that if the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is also submitted that it is most likely that he may indulge in activities to tamper with the evidence and to influence or intimidate the witnesses. 6. Taking into account the facts and circumstances of the B.A. NO. 555 OF 2010 :: 3 :: case, the nature and gravity of the offence and the series of acts in which the accused are alleged to have involved themselves, I am of the view that it is not proper to release the petitioner on bail at this stage of the investigation. There is substance in the submission made by the learned Public Prosecutor that the investigation would be adversely affected if the petitioner is released on bail. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/