IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7155 of 2011() ----------------------------- AGAINST THE ORDER DATED 19/08/2011 IN ORDER IN CRMP.5735/2011 of J.M.F.C., KODUNGALLUR CRIME NO.770/2011 OF VALAPPADU POLICE STATION THRISSUR DISTRICT .................... PETITIONERS/ACCUSED NO.1 TO 6: --------------------------------- 1. CHANDY @ VIPIN, AGED 30 YEARS, S/O.SUDHAKARAN, PANIKKASSRY HOUSE, KOPRAKKALAM, THALIKKULAM P.O., THRISSUR. 2. JIJOJ, AGED 27 YEARS, S/O.PRAKASAN, PULLIKKAL HOUSE, CHERKKARA DESOM, THALIKKULAM P.O., THRISSUR. 3. VINOD, AGED 32 YEARS, S/O.RAJAN, CHENNANGATTU HOUSE, CHERKKARA DESOM, THALIKKULAM P.O., THRISSUR. 4. SANEESH @ KELPU, AGED 28 YEARS, S/O.BABU, PULIPARAMBIL HOUSE, THALIKKULAM P.O., THRISSUR. 5. VIPIN, AGED 23 YEARS, S/O.BALAN, NAMBI HOUSE, KAIDAKKAL DESOM, THALIKKULAM P.O., THRISSUR. 6. SANEESH @ CHIKURAMAN, AGED 22 YEARS, S/O.DASAN, MEPPURATH HOUSE, POONCHIRA DESOM, NATTIKA VILLAGE, THRISSUR. BY ADV. SRI.M.B.PRAJITH B.A.No.7155/2011 RESPONDENTS: COMPLAINANT: --------------------------- 1. STATE RPRESENTED BY PUBLIC PROSECUROR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VALAPPADU POLICE STATION, (CRIME NO.770 OF 2011) THRISSUR, PIN-680 003. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7155 of 2011 ---------------------------------------------- Dated this the 22nd day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 6 in Crime No.770 of 2011 of Valappadu Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 07/08/2011. The petitioners surrendered before the Investigating Officer on 18/08/2011 and on production before court they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that the de facto complainant and four others sustained very serious injuries as a result of the attack made by the accused with dangerous weapons like swords and iron rod. The learned Public Prosecutor also submitted that accused No.2 is involved in three other cases including a case in which the offence Bail Appln.No.7155/2011 : 2 : under Section 307 of the I.P.C. is alleged. Similarly, accused No.4 is also involved in a case involving offence under Section 307 of I.P.C. Accused No.6 is also involved in another case. I have perused the wound certificate and also the photographs showing the nature of the injuries sustained by the de facto complainant and others. The investigation is in progress. 5. If the petitioners are released on bail, it would adversely affect the proper and smooth investigation of the case. It is most likely that the petitioner may try to influence or intimidate the witnesses and tamper with the evidence. In these circumstances, I am not inclined to grant bail at this stage. Accordingly, this Bail Application is dismissed. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge