IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 7378 of 2009() ---------------------------------------- CRIME NO.151/2009 OF CHITTARIKKAL POLICE STATION, KASARAGOD DIST. .................... PETITIONERS/ACCUSED ----------------------------------- M.C. CHANDRAN, S/O. CHINKAM, KODAKKAL VEEDU, THAMBADI BAZAR, VARAKKADU, WEST ELERI VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSEUCUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K. T. SANKARAN, J. ------------------------- B.A. No. 7378 of 2009 ------------------------------- Dated this the 16th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.151/2009 of Chittarikkal Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that on 3/11/2009 at 8.30 P.M, the petitioner stabbed the deceased, who is a relative of the wife of the petitioner. The deceased was taken to the hospital and he succumbed to injuries. The petitioner was arrested on 5/11/2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner tried to stab his son on account of a quarrel between the petitioner and his wife. All of them made a hue and cry. The deceased came to the spot. Without any provocation, the petitioner stabbed the deceased. It is submitted by the learned Public Prosecutor that the investigation is not over and that if the petitioner is released on bail at this stage, it would adversely B.A. No. 7378/2009 2 affect the proper investigation of the case. It is also submitted by the learned Public Prosecutor that it is most likely that the petitioner may try to intimidate or influence the witnesses and tamper with the evidence. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the allegations levelled against the petitioner and the present stage of investigation, I do not think that the petitioner can be released on bail at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE scm