IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 5720 of 2009 CRIME NO.465 OF 2009 OF HARIPAD POLICE STATION 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 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE HARIPAD POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5720 OF 2009 ------------------------------------------------------ Dated this the 9th 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 Sections 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 PM. 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. It is seen that there was a B.A. NO. 5720 OF 2009 :: 2 :: suit between the mother of the deceased and the deceased on the one side and the accused and others on the other, wherein the plaintiffs claimed compensation on account of the damage caused to the house of the deceased by the defendants. That suit was compromised. It is alleged that on the fateful day, the deceased was called to the place of incident at the instance of the first accused. The first informant was also present at the scene of occurrence. He saw the incident and he has narrated the incident in the First Information Statement. 4. 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. Taking into account the facts and circumstances of the B.A. NO. 5720 OF 2009 :: 3 :: case and the submissions made by the learned Public Prosecutor, I am of the view that it is not proper to release the petitioner on bail at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/