IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Bail Appl..No. 2841 of 2009 CRIME NO.39/2009 OF KUMBALA POLICE STATION CRMP.881/2009 of ADDL.SESSIONS COURT (ADHOC-II)KASARAGODE PETITIONERS 1 – 3: ACCUSED NOS.2, 5 & 8: ------------------------------------- 1. B.A.MAJEED, AGED 22 YEARS, S/O.MUHAMMED, AJIQUEMERU HOUSE, PERMUDE, KUDALMEKALA VILLAGE, KASARAGOD TALUK AND DISTRICT. 2. LATHEEF, AGED 25 YEARS, S/O.ABDUL RAHIMAN, PAPIRAN HOUSE, DHARMATHADKA P.O., KASARAGOD TALUK AND DISTRICT. 3. BRIDON JOHN D'SOUZA, AGED 23 YEARS, S/O.HENDRY D'SOUZA, KALAI HOUSE, PAIVALIKA VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2841 OF 2009 ------------------------------------------------------ Dated this the 29th May, 2009 O R D E R The petitioners are accused Nos.2, 5 and 8 in Crime No.39 of 2009 of Kumbala Police Station. They seek bail under Section 439 of the Code of Criminal Procedure. 2. The offence alleged against the petitioners are under Sections 143, 147, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the first accused was arrested in an abkari offence. He along with the other accused attacked the de facto complainant and his family members on his belief that the de facto complainant was responsible for his arrest in the abkari offence. In the present case, the second accused was arrested on 12.3.2009, the fifth accused was arrested on 14.3.2009 and the eighth accused was arrested on 27.2.2009. B.A. NO.2841 OF 2009 :: 2 :: 4. Learned Public Prosecutor seriously opposed the Bail Application. He submitted that the second accused is involved in three other cases, the fifth accused is involved in four cases and the eighth accused is involved in three cases. He further submitted that if the petitioners are released on bail at this stage, it would have serious impact on the proper and smooth conduct of the investigation. The Public Prosecutor also submitted that there are fourteen accused persons in the case and several of them are yet to be arrested. The investigation is not completed. I have perused the case diary. The injuries sustained by the de facto complainant and his family members are very serious in nature. 5. Taking into account the facts and circumstances of the case and the submissions made by the learned Public Prosecutor, I am of the view that it is not proper to release the petitioners on bail at this stage. 6. Learned counsel for the petitioners submitted that no charge is laid and, therefore, Section 167(2) of the Code of Criminal Procedure would apply in the case of the eighth accused. The Judicial Magistrate of the First Class, Kasaragod shall consider this B.A. NO.2841 OF 2009 :: 3 :: aspect within one week and pass appropriate orders in the case of the eighth accused, if Section 167(2) of the Code of Criminal Procedure applies. The Bail Application is dismissed in respect of petitioners 1 and 2 and disposed of as indicated above in the case of the third petitioner (accused No.8). (K.T.SANKARAN) Judge ahz/