IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5853 of 2011() ------------------------------------------- (CRIME NO.755/2010 OF KALADY POLICE STATION,ERNAKULAM DISTRICT) .. PETITIONER/5TH ACCUSED: ------------------------------------------ BETTIN,S/O CHACKO,KODUGOOKKARAN VEEDU, MANJAPRA KARA,MANJAPRA VILLAGE, ERNAKULAM DISTRICT. BY ADVS. SRI.E.C.POULOSE, SRI.BOBBY RAPHEAL. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,KALADY POLICE STATION, ERNAKULAM DISTRICT,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A.No.5853 OF 2011 --------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 5th accused in Crime No.755 of 2010 of the Kalady Police Station. 2.The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 326, 307 and 120-B read with 149 of the Indian Penal Code and Section 27 of the Arms Act. 3.The prosecution case is that on 14.12.2010, on account of political rivalry, the accused persons attacked the defacto complainant and his friend with deadly weapons like swords and iron rods and caused serious injuries to the defacto complainant and his friend. The defacto complainant sustained fracture on both the bones of his leg. There were B.A.No.5853 OF 2011 2 cut injuries also on his body. It is submitted that the investigation is in progress. 4. In the facts and circumstances of the case, I am of the view that it is not proper to release the petitioner on bail at this stage. If the petitioner is released on bail at this stage, it is likely that the prosecution witnesses will be influenced or intimidated and the evidence tampered with. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE cms