IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8268 of 2011 CRIME NO.1013 OF 2011 OF VADAKARA POLICE STATION, KOZHIKODE. PETITIONER : ACCUSED: ------------------------------ SUBHEESH, S/O.BABU, AGED 25 YEARS, ARANKOTTUMALAYIL HOUSE, KURUMPAYIL NADAKKUTHAZHA AMSOM, VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SRI.M.RAJESH KUMAR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8268 OF 2011 ------------------------------------------------------ Dated this the 13th day of October, 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.1013 of 2011 of Vadakara Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 447, 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 18.9.2011 at about 8.45 P.M., the accused persons trespassed into the residential compound of the de facto complainant and hurled a country bomb into the autorickshaw parked in the shed. The bomb blasted and the autorickshaw was destroyed. The investigation revealed that the petitioner and others are involved in the offence. The petitioner was arrested on 19.9.2011 and he was remanded to judicial custody. BAIL APPL. NO.8268 OF 2011 :: 2 :: 4. The incident occurred at Makkoolpeedika where communal disturbances were reported. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail, he would indulge in similar criminal activities. It is also submitted that the petitioner is involved in other offences. The investigation is in progress. 5. Taking into account the facts and circumstances of the case, I do not think that bail can be granted to the petitioner at this stage. If the petitioner is released on bail, it is likely that he would try to intimidate the witnesses and tamper with the evidence. It is also likely that he would indulge in similar criminal activities. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/