IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 7265 of 2008() ------------------------------------------ (CRIME NO.295/2008 OF KATTOOR POLICE STATION) PETITIONER/ ACCUSED 1: ----------------------------------------- BENOJ, AGED 28 YEARS, S/O.BALAN, KAIMAPARAMBIL HOUSE, KAKKATHURUTHI, EDATHIRINJI VILLAGE, THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE SUB INSPECTOR OF POLICE, KATOOR, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. --------------------------------------------- B.A.No.7265 of 2008 --------------------------------------------- Dated this the 28th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 506(II) and 308 read with Section 149 IPC. According to prosecution, petitioner (A1) along with 5 others formed into an unlawful assembly and armed with deadly weapons, like sword, criminally intimidated defacto complainant and assaulted him, in prosecution of the common object of the assembly. 3. Learned counsel for petitioner submitted that sword was not used against defacto complainant though there is an allegation that the accused was armed with sword. It is also submitted that as per the present allegation, only a stone was used. The offence under Section 27 of Arms Act was originally included, but, it was deleted subsequently. The injured had only minor injures and petitioner is in custody from 19.10.2008 onwards. It is also submitted that accused nos.3 and 4 were BA No.7265 /2008 2 granted bail by this Court and some of the accused have filed anticipatory bail application and those are pending before this Court. Hence, petitioner may be granted bail, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that three persons were injured in this case, even though injuries sustained are minor in nature. Only three accused were arrested including petitioner. Petitioner is involved in various other crimes and in case, petitioner is granted bail, it is likely that he will abscond. Petitioner may also intimidate or influence witnesses and it may not be proper for granting bail to the petitioner, it is submitted. 5. On hearing both sides, it appears that petitioner is involved in six cases altogether and I am satisfied of the submissions made by learned public prosecutor that petitioner may abscond and he may influence or intimidate witnesses and hence, I am not inclined to grant bail to the petitioner at this stage. The petition is dismissed. K.HEMA, JUDGE csl