IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8814 of 2011() ----------------------------- CMP.7465/2011 of J.M.F.C.-II,NEYYATTINKARA Crime No.770 of 2011 of Vizhinjam Police Station, Thiruvananthapuram District. .................... PETITIONER/ACCUSED: -------------------- RATHEESH, AGED 27 YEARS S/O.CHANDRAN, DOOR NO.XII/UA 99,VATTAVILA VEEDU THENNOORKKONAM, VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S): --------------- 1. CI OF POLICE VIZHINJAM POLICE STATION-695 521. 2. THE STATE OF KERALA EPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8814 OF 2011 --------------------------------- Dated this the 2nd day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.770 of 2011 of Vizhinjam Police Station, Thiruvananthapuram District. 2.The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that on 27.8.2011 at 7 P.M, the accused poured petrol on the body of the deceased and set fire. The deceased succumbed to injuries on 2.9.2011. The deceased was none other than the father of the petitioner. The allegation is that the petitioner demanded the ration card which was refused by the deceased. The B.A.No. 8814 OF 2011 2 petitioner threatened to kill the deceased. At that time, as requested by the wife of the petitioner, the deceased ran away and went to a nearby house. The accused followed him and poured petrol on the body of the deceased and set fire. 4. The investigation is not over. If the petitioner is released on bail at this stage, it is most likely that he would influence or intimidate the witnesses and tamper with the evidence. If bail is granted to the petitioner, it would have serious adverse impact on the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE cms