IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 9121 of 2011() ----------------------------- CMP.7139/2011 IN CRIME NO.388/2011 OF MANNAR POLICE STATION .................... PETITIONER/1ST ACCUSED ---------------------------------- SAJEEV, AGED 35 YEARS, S/O.PONNAPPAN, MANAPPURATH VEEDU, VISHAVARARSSERIKKARA MURI, KURATTISERI VILLAGE. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY SMT.LIJI KUTTAPPAN RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE S.I. OF POLICE STATION, MANNAR POLICE STATION 690 114. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9121 of 2011 --------------------------- Dated this the 10th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.388 of 2011 of Mannar Police Station. 2. The offences alleged against the petitioner are under Sections 323, 302 and 506(i) of the of the Indian Penal Code. 3. The prosecution case is that on 14.8.2011, the accused with an intention to murder the deceased, attacked him and kicked, fisted and stamped him. He sustained several injuries and he succumbed to the injuries on 23.8.2011. 4. The learned Public Prosecutor submitted that the petitioner is involved in more than eight cases and that he is included in the rowdy list. The learned Public Prosecutor also BA 9121/11 2 submitted that accused Nos.1 to 3 were involved in the retail sale of ganja. The deceased informed the police about the same. The accused attacked the deceased on account of that enmity. He also submitted that if the petitioner is released on bail, he would certainly intimidate and terrorise the witnesses and tamper with evidence. 5. The criminal antecedents of the petitioner are quite relevant in the present case. He is involved in several cases and his name is included in the rowdy list. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is also likely that he would terrorise, influence and intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl