IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Bail Appl..No. 7660 of 2011 CRIME NO.1397 OF 2011 OF ANGAMALY POLICE STATION, ERNAKULAM. APPLICANT: ACCUSED NO.1 -------------------------------- WILSON,S/O.URUMEEZ,PALATTY HOUSE, THABORE P.O, PARAMBAYAM. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN SRI.BAIJU JOHN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE S.I OF POLICE, ANGAMALY POLICE STATION. STATE PROSECUTOR SRI.ASAF ALI PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7660 OF 2011 ------------------------------------------------------ Dated this the 29th day of September, 2011 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.1 in Crime No.1397 of 2011 of Angamaly Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 120B, 212, 447 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following: The first accused had enmity towards the deceased. He conspired with the other accused to do away with the deceased. As a result of the conspiracy, on 28.8.2011 between 6 and 6.30 A.M., the other accused persons went to the poultry farm run by the deceased and attacked him with swords. The deceased sustained serious injuries and he succumbed to the injuries while undergoing treatment in the Specialists Hospital, Ernakulam. BAIL APPL. NO.7660 OF 2011 :: 2 :: 4. The petitioner was arrested on 5.9.2011 and he is in judicial custody. 5. The learned senior counsel appearing for the petitioner submitted that there is no material to connect the petitioner with the offence. It is submitted that the wife of the petitioner was attacked by the deceased and she sustained serious injuries. Only on that ground, on a mere suspicion, the petitioner has been implicated in the offence, submitted the learned senior counsel. 6. Learned State Prosecutor submitted that there are materials to connect the petitioner with the offence and the investigation so far conducted would reveal that there was a conspiracy among the accused persons for the purpose of murdering the deceased. I have also gone through the case diary. 7. The investigation is at the initial stage. I am not inclined to accept the contention of the learned senior counsel appearing for the petitioner that there are no materials to connect the petitioner with the offence. If the petitioner is released on bail at this stage, it would BAIL APPL. NO.7660 OF 2011 :: 3 :: adversely affect the proper and smooth investigation of the case. It is most likely that he would try to influence and intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/