IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3592 of 2009() ----------------------------- CMP.2947/2009 IN CRIME NO.432/2009 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. NOUFAL.P., S/O.MOHAMMED, AGED 20 YRS, (A-2), PUTHIYAKANDAM HOUSE, KALLOORAVI, KANHANGAD, KASARAGOD DISTRICT. 2. UMAIR.P., S/O.USMAN, 19 YRS. (A-3), FATHIMA QUARTERS, NORTH KALLOORAVI, KASARAGOD DISTRICT. 3. SAMAD.P., S/O.C.K.KUNHIMOIDEEN KUTTY, AGED 19 YRS. 9A-5), KANDATHIL HOUSE, KALLOORAVI, KASARAGOD DISTRICT. 4. SHERIF.M.A, AGED 19 YRS., S/O.KUNHABDULLA (A-4), M.A.HOUSE, KALLOORAVI NORTH, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O.HOSDURG POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3592 of 2009 ------------------------------- Dated this the 3rd day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.2, 3, 5 and 4 respectively in Crime No.432 of 2009 of Hosdurg Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 153A and 307 read with Section 149 of the Indian Penal Code. 3. The incident occurred on 16.6.2009. Accused Nos.2, 3 and 5 surrendered before court on 20.6.2009. The 4th accused was arrested on 19.6.2009. All of them are in judicial custody. 4. Learned public prosecutor opposed the Bail application and submitted that if the petitioners are released on bail, there is every likelihood of the evidence being tampered with and the witnesses being intimidated or influenced. It is also submitted that the area is prone to communal tension. If the petitioners are released on bail at this stage, it would aggravate the communal tension in the area. 5. I have gone through the case diary and the wound certificate and also noticed the injury sustained by the victim. BA No.3592/2009 2 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the duration of the judicial custody undergone by the petitioners, I do not think that it is proper to release the petitioners on bail at this stage. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl