IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 6249 of 2009() ----------------------------- CRIME NO.465/2009 OF HARIPAD POLICE STATION, HARIPAD. PETITIONER/3RD ACCUSED: ------------------------------------------ BABUKUTTAN @ BABU, S/O.BHARGAVAN, POOVANPALLIVADAKKETHIL, POTHAPPALLY SOUTH MURI, KUMARAPURAM VILLAGE. BY ADV. SRI.K.HARILAL RESPONDENTS/COMPLAINANTS: ----------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, HARIPPAD POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6249 of 2009 ------------------------------------ Dated this the 29th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the third accused in Crime No. 465 of 2009 of Haripad Police Station. 2. The offences alleged against the accused persons are under Section 143, 147, 148, 149, 324 and 302 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 24/8/2009 at 11 P.M. The prosecution case is that the accused persons attacked the deceased Roopak with dangerous weapons and caused serious injuries. The deceased was admitted in the Medical College Hospital. On 27/8/2009, he died. The prosecution case, as revealed from the First Information Statement, is that accused Nos.1 to 3 stabbed the deceased with daggers. The petitioner was arrested on 26/8/2009 and he was remanded to judicial custody. 4. The petitioner filed B.A. No.5720/2009, which was dismissed by me as per the order dated 9/10/2009. In paragraph (4) of the order dated 9/10/2009 it was stated as B.A. No. 6249 /2009 2 follows: “Learned Public Prosecutor very vehemently opposed the Bail Application. It is submitted that the accused persons are having close connection with goonda gangs. Learned Public Prosecutor submitted that if the petitioner is released on bail, there will be danger to the life of Jayakrishnan, who gave the First Information Statement, and one Santhosh, who was an eye witness to the incident. The investigation is in progress. It is also submitted that if the petitioner is released on bail, it would have serious adverse impact on the proper investigation of the crime.” 5. The learned Public Prosecutor submitted that the investigation is not complete. It is also stated that the circumstances mentioned in the order rejecting B.A. No.5720/2009 continue to exist even now. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I am of the view that the B.A. No. 6249 /2009 3 petitioner cannot be released on bail at this stage. The Bail Application is accordingly dismissed. However, the petitioner may move an application for bail afresh after two weeks. K.T. SANKARAN, JUDGE scm