IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 Bail Appl..No. 958 of 2009(F) ---------------------------- CRL.M.C.132/2009 OF SESSIONS COURT, THALASSERY CRIME NO.17/2009 OF ALAKKODE POLICE STATION, KANNUR PETITIONERS/ACCUSED NO.1 TO 6, 8 AND 9: -------------------- 1. SOOPY @ SAJITH, S/O. HAMZA AGED 26 YEARS, CHERUKUNNOTAKATH, VELLAD AMSOM ALAKODE, TALIPARAMBA TALUK, KANNUR DIST. 2. ABDUL SALAM, S/O. MUHAMMED, AGED 33 YEARS, VENGASSERI ALAKODE AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. SANOJ A.K., S/O. KUTTAPPAN, AGED 27 YEARS, AKKAMALIL, KALAYI MUKKU, ALAKKODE TALIPARAMBA TALUK, KANNUR DISTRICT. 4. VINEESH T.K., S/O. KRISHNAN, AGED 23 YEARS, VANIYANKANDY PUTHIYA PURAYIL, VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 5. SREENOJ , S/O. SREEDHARAN, AGED 26 YEARS, THOTTATHIL PARAMBIL, KANIYANCHAL, VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 6. ABHILASH, S/O. CHANDRAN, AGED 29 YEARS, PUTHIYA PURAYIL VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 7. JOBBY, S/O. JOY, AGED 27 YEARS, POOVATHU PARAMBIL, KARUVANCHAL POST, VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 8. SHAFEEQ, S/O. MOIDEEN, AGED 27 YEARS, KALAYI MUKKU, KARUVANCHAL POST, ALAKODE, TALIPARAMBA TALUK, KANNUR DIST. BY ADV. MR. V.A.SATHEESH MR. V.T.MADHAVANUNNI B.A.958/2009(F) -2- RESPONDENT/COMPLAINANT: --------------- STATE , THROUGH THE STATION HOUSE OFFICER, ALAKKODE POLICE STATION,KANNUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- B.A.No.958 OF 2009 -------------------------------------------------- Dated this the 2nd day of March, 2009 O R D E R Petitioners are accused 1 to 6, 8 and 9 in Crime No.17 of 2009 of Alakkode police station. This petition is filed for bail under section 439 of Code of Criminal Procedure. Prosecution case is that they committed offences under section 143, 417, 341, 323 and 304 read with section 149 of Indian Penal Code. The incident occurred on 17.1.2009 the day of celebration of Vellad church. Prosecution case is that deceased Jobby was assaulted by the accused in furtherance of their common object at about 11.30 p.m. and when he tried to escape, they chased him and Jobby fell in a well and caused his death. 2. The case of the petitioners is that seventh accused was granted bail by the Sessions Court and petitioners had no intention to cause the death of Jobby and second petitioner was arrested on 22.1.2009, petitioners 1 and 3 to 6 were arrested on 27.1.2009 and petitioners 8 and 9 were arrested on 28.1.2009 and since then they have been in custody and in such B.A.958/2009 2 circumstances they may be granted bail. 3. Learned Public Prosecutor made available the CD and submitted that at this stage petitioners may not be granted bail as other accused are yet to be apprehended and investigation is in progress. 3. On going through the case diary, I find it premature to grant bail at this stage as investigation is at the early stage. If bail is to be granted at this stage, it will adversely affect proper investigation. Bail Application is dismissed. M. SASIDHARAN NAMBIAR, JUDGE okb