IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Bail Appl..No. 6053 of 2009() --------------------------------------- SC.333/2009 of ADDL.DISTRICT COURT (ADHOC)-II, MANJERI CRIME NO.49/2009 OF VENGARA POLICE STATION, MALAPPURAM. .................... PETITIONERS/ACCUSED 1 & 2: --------------------------------------------- 1. BALAN AGED 46 YEARS, S/O.KUNHATHAN, VELLOTHUMPADIKKAL, OORAKAM, KANNOTH, MALAPPURAM DIST. 2. MUHAMMED @ KAAKA AGED 63 YEARS, S/O.PAREED, 'KETENTE AKAYIL' THAMARASSERI, KOZHIKODE DIST. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP.BY THE SHO, VENGARA POLICE STATION MALAPPURAM DIST. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6053 of 2009 ------------------------------------ Dated this the 20th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 and 2 in S.C. No.333/2009 of Additional Sessions Court (Adhoc- II) Manjeri in Crime No.49/2009 of Vengara Police Station, Malappuram. 2. The offences alleged against the petitioners are under Sections 120B, 201, 316 and 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the first accused, Balan, had illicit relationship with the deceased. The deceased became pregnant. Balan and accused Nos.2 and 3 (Muhammed @ Kaaka and Suresh Babu @ Babu), who are his friends, strangulated the deceased and thereafter put kerosene on her body and set fire. The petitioners were arrested on 16/3/2009 and they were remanded to judicial custody. 4. The learned Sessions Judge dismissed the application for bail submitted by the petitioner as per the order dated B.A. No. 6053/2009 2 24/6/2009. For the sake of convenience, Para 5 of the order is extracted below: “ Learned Public Prosecutor has strongly opposed this petition. He submits that the offences alleged are grave and heinous in nature. If the petitioners are released on bail at this stage, there is every chance of them fleeing from justice, tamper with the evidence and influence the witnesses. As a result of the occurrence in this case, that locality has become highly tensed. An action committee has been formed by the local people and they are staging agitation against the members of the family of the accused and many of the families related to the accused went away from that place shifting their residence. The deceased belonged to Muslim community and the first accused belongs to scheduled caste. If the accused are released on bail there is every chance of the members of the local Muslim community attacking the accused. Thus, granting bail B.A. No. 6053/2009 3 to the petitioners will be detrimental to the interests of their own life. Hence, learned Public Prosecutor prays for dismissing the bail application.” 5. Taking into account the facts and circumstances of the case and also the reasons stated by the learned Sessions Judge, I am of the view that the petitioners cannot be released on bail at this stage. If the petitioners are released on bail at this stage, it would have serious impact on the investigation and the law and order in the locality. It is also likely that the petitioners may try to influence the witnesses or tamper with the evidence. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm