IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5206 of 2011() ----------------------------- CRMP.1536/2011 of D.C. & SESSIONS COURT,KOLLAM CRMP.4145/2011 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.544/2011 OF CHAVARA POLICE STATION .................... PETITIONER/2ND ACCUSED -------------------------- VIMAL KUMAR @ KUTTAN, S/O.LATE SASIDHARAN PILLAI, CHYTHANYA VEETTIL, PUTHUKADU MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, CHAVARA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.5206 of 2011 ----------------------------------------------------- Dated this the 07th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.544 of 2011 of the Chavara Police Station. 2. The offences alleged against the petitioner are under Sections 120-B, 109, 323 & 302 of the Indian Penal Code. 3. The prosecution case is the following:- Vaishnavi, aged 5 years, is the daughter of Maniraj. Maniraj and the first accused are residing together as husband and wife. The first accused developed intimacy with second accused, an autorikshaw driver. On 21/04/2011 when the father of Vaishnavi was not there in the house, accused Nos.1 and 2 were found by Vaishnavi in a compromising position. Vaishnavi told them that she would disclose this to her father. It is alleged that while going back, the second accused instigated the first accused to do away with Vaishnavi. Accordingly, the first accused pushed Vaishnavi to the wall in the house and also in the bathroom. She was Bail Appln.No.5206/2011 : 2 : tortured to the maximum and she was also suffocated by the first accused. As a result the blunt injuries caused to the face of Vaishnavi, she died. 4. The petitioner was arrested on 18/05/2011 and he was remanded to judicial custody. The investigation of the case is pending. 5. 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 he may try to influence the witnesses and tamper with the evidence. In these circumstances, I do not think it proper to grant bail to the petitioner at this stage. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj