IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 9291 of 2011() ----------------------------- CRIME NO. 1200/2011 OF CHADAYAMANGALAM POLICE STATION .................... (S): PETITIONER/ACCUSED -------------------------------------- RAFEEQ, AGED 20 YEARS, S/O.MUSTHAFA, RAFI MANZIL, PADINJATTATHIL, ILAMBAZHANNOOR MURI, KADAKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADVS. SRI.K.V.ANIL KUMAR SRI.L.Y.SANGEETH RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Bail Appl. NO.9291 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2011 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. 1200 of 2011 of Chadayamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 279, 304 of the Indian Penal Code, Section 3 (1) read with Section 181 of the Motor Vehicles Act and Rule 92 read with Rule 177 of the Motor Vehicles Rules. 3. The prosecution case is that on 12-10-2011, the accused, without any valid driving license, drove a goods autorikshaw in a rash and negligent manner and with a great speed. The autorikshaw hit on two school going girls, who B.A.No.9291/2011 :- 2 :- were pedestrians. One of the injured succumbed to the injuries even before reaching the hospital and the other died after she was admitted in the hospital. The petitioner was arrested on 20-10-2011 and he was remanded to judicial custody. 4. The investigaion is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is also likely that the petitioner would intimidate or influence the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE. ds