IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 5947 of 2009 CR.NO.230 OF 2009 OF KANNUR CITY POLICE STATION, KANNUR. PETITIONER/ACCUSED NO.2 ------------------------------------------- SASI.T.N.@ THONAKKARA THAKIDIYEL SASI, S/O.NARAYANAN, AGED 47 YEARS, THONAKKARA THAKIDIYEL HOUSE, P.O.VELLAD, VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: COMPLAINANTS -------------------------- 1. STATION HOUSE OFFICER, KANNUR CITY POLICE STATION, KANNUR DISTRICT, (CRIME NO.230/09 OF KANNUR CITY POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5947 OF 2009 ------------------------------------------------------ Dated this the 23rd 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 second accused in Crime No.230 of 2009 of Kannur City Police Station. 2. The offence alleged against the petitioner is under Section 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 5.9.2009 in the early hours, the first accused, husband of the deceased, as well as the deceased boarded in a Maruti Omni car under the pretext that the first accused was suffering from severe stomach pain. It is stated that the first accused told his wife that he had to go to the hospital. The wife accompanied him. After driving the car for some distance, the car was stopped. The first accused and the deceased got out of the car. Stealthily, the second accused got into the car. It is alleged that they together committed the murder of the deceased. The dead body was abandoned in the car and the accused left the place. B.A. NO. 5947 OF 2009 :: 2 :: 4. The second accused was arrested on 10.9.2009 and he was remanded to judicial custody. The first accused is not arrested so far. The investigation is at the initial stage. If the petitioner is released on bail at this stage, as rightly pointed out by the learned Public prosecutor, it would adversely affect the proper investigation of the case. Therefore, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/