IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6902 of 2009() ----------------------------------------- CMP.13065/2009 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.1119/2009 OF KARUNAGAPPALLY POLICE STATION, KOLLAM. .................... PETITIONER/ACCUSED: -------------------------------------- ANILKUMAR, S/O.MURALEEDHARAN PILLAI, MANI BHAVANAM, KOTTAKKUPURAM MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT/ COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6902 of 2009 ------------------------------------ Dated this the 30th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 1119/2009 of Karunagappally Police Station. 2. The offences alleged against the petitioner are under Sections 294(b), 324, 326 and 307 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 24/10/2009 at about 8 P.M, the accused persons attacked the de facto complainant and stabbed him several times. Son of the de facto complainant intervened. He was also stabbed. The neighbours came to the scene. The allegation is that the accused stabbed those four persons also. Thus, six persons sustained incised wounds on account of the attack made by the petitioner. It is submitted that the son of the de facto complainant is till undergoing treatment. The accident register-cum-wound certificate would disclose that all the victims have sustained incised wounds. 4. The petitioner moved B.A. No.6545/2009 before this B.A. No. 6902/2009 2 Court, which was dismissed as per the order dated 10/11/2009. The present Bail Application was filed on 17/11/2009. 5. The learned Public Prosecutor submitted that three of the persons, who have sustained injuries, are still in the hospital. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the fact that six persons sustained incised wounds on account of the attack made by the petitioner, I am not inclined to grant bail to the petitioner at this stage. The petitioner is a neighbour of the defacto complainant. If he is released on bail, it would create tension in the area, as rightly pointed out by the learned Public Prosecutor. 7. There is no justification for releasing the accused while three of the injured are still in the hospital. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm