IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Bail Appl..No. 159 of 2009(D) ---------------------------------------- (CRIME NO. 31/2008 OF TRIKKAKARA POLICE STATION) .......... APPLICANT/ ACCUSED NO.5: ------------------------------------------ PRASANTH KUMAR, S/O.NANDAKUMAR, PUTHALATHU (NANDANAM) HOUSE , KALAMASSERY, FERRY ROAD, TRIKKAKARA NORTH VILLAGE, ERNAKULAM. BY ADVS. SRI.ALAN PAPALI, SRI.P.V.SREENIJIN, SMT.K.B.SONY, SRI.PRASUN.S, SRI.SANU.S.PANICKER, SRI.PAUL MATHEW (PERUMPILLIL). RESPONDENT/ COMPLAINANT - STATE: --------------------------------------------------------- STATE OFKERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY C.I OF POLICE, HILL PALACE CIRCLE, TRIKKAKARA POLICE STATION, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ----------------------------------------- B.A.No. 159 of 2009 ----------------------------------------- Dated this the 16th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 329 and 307 read with 149 of the Indian Penal Code. According to prosecution, on 10.1.2008 at about 3.50 pm, while de facto complainant was proceeding with a spiritual leader of Muslim community, accused assaulted both of them. This was done, after leading them to the Info Park in Kakkanad and they also hurled country bombs at the car. An axe was used for the commission of offence. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He is a Hindu by religion and he is a travel agent. He is unnecessarily dragged into this case without any basis. No allegations are made in the remand report to reveal on what basis he is implicated in the offence. Petitioner is not even a Muslim. Petitioner is in custody from 14.12.2008 onwards. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that accused 2, 10 and 12 were arrested in BA.159/09 2 connection with another case in Edakkad Police Station and on interrogation, it was revealed that this offence was committed by accused 1 to 15. The case diary also reveals that first accused was recruiting persons from Kerala to join the extremists camp at Kashmir. As per the allegations revealed from the case diary, some of the accused in this case subsequently died in an encounter in Kashmir. It is also revealed that petitioner, who is 13th accused, who is a Hindu was also recruited to join the extremists camp, but he could not join only because he had to convert himself as a Muslim, if he were to join the camp. He remained in Kerala awaiting his conversion only. But, in the mean time, he was arrested. The investigation is only at a very initial stage and if petitioner is released on bail, it will adversely affect the investigation. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor. In a case of this nature, if petitioner is released on bail at this stage of investigation, the investigation will be at peril. Hence, I am not inclined to grant bail at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.