IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 7750 of 2009 CRIME NO.1011 OF 2009 OF THE VARKALA POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ VINU CHACO @ VINNER, S/O.ABRAHAM CHACO, AGED 28 YEARS, KURUDANPAARAYIL HOUES, NEAR THALAYOLAPARAMBU JUNCTION, THALAYOLAPARAMBU DESOM, VADAYAR VILLAGE, VAIKKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED THE S.I OF POLICE, VARKALA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7750 OF 2009 ------------------------------------------------------ Dated this the 5th day of January, 2010 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.1011 of 2009 of Varkala Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 341 and 302 of the Indian Penal Code. 3. The prosecution case is that on 11.12.2009, the deceased was murdered by the petitioner in the restaurant run by him. It is alleged that the deceased had come to the restaurant and there was some quarrel between the accused and the deceased. The learned Public Prosecutor submits that the deceased left the place thereafter. But he was brought back to the restaurant by the accused and he was brutally assaulted by the accused. It is pointed out that there were 33 ante-mortem injuries on the body of the deceased. B.A. NO. 7750 OF 2009 :: 2 :: 4. Learned counsel for the petitioner submitted that the scene of occurrence, according to the prosecution, is the restaurant run by the accused. The restaurant was opened only about one and a half months before the date of the incident. The deceased was also running another restaurant in the locality. The counsel submits that the deceased along with his henchmen came to the restaurant run by the petitioner and the petitioner was brutally assaulted by them. The petitioner sustained injuries and he had to defend himself to save his life. It is also submitted that the matter was reported to the police by the petitioner. The petitioner was admitted in the hospital and he was arrested by the police while he was in the hospital. 5. The petitioner was arrested on 12.12.2009 and he is in judicial custody since then. The investigation is at the initial stage. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. 6. It is not necessary to arrive at any conclusion on the rival B.A. NO. 7750 OF 2009 :: 3 :: contentions put forward by the prosecution and the accused. Any such observation or finding would be detrimental to the interests of either party. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/