IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 Bail Appl..No. 7316 of 2011 ----------------------------------- CRIME NO.624/2011 of ELOOR POLICE STATION .......... PETITIONER/ACCUSED NO.1: RADHAKRISHNAN, S/O.GOPALAKRISHNAN, AGED 35, KOONAMPARAMBIL HOUSE, MAPPALA ROAD, MANJUMMAL, ELOOR. BY ADV. SRI.K.R.VINOD RESPONDENT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAISURYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN BA 7316/2011 ANNEXURE A1 TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT IN BA 6137/2011 DT. 10.8.11 /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- B.A.No.7316 of 2011 ------------------------------------------- Dated this the 19th day of September, 2011 ORDER First accused in Crime No.624/2011 of Eloor Police Station is the petitioner. The crime was registered under Sections 120B, 143, 147, 148, 341, 324, 449,, 302, 201 and 212 read with Section 149 of Indian Penal Code. The case of the prosecution is that petitioner, who had previous enmity with one Nandagopan, murdered him on 01.05.2011 at about 8.45 p.m. Learned Public Prosecutor submits that the deceased was pulled down from the motor bike and after he sustained injuries at the hands of the accused, he (the deceased) ran to a nearby house for life and when he reached the veranda of that house, he was brutally attacked and murdered. Learned counsel submits that petitioner has been in custody for about 128 days and so petitioner may be granted bail. Learned Public prosecutor submits that it is a case where the deceased sustained 49 injuries with swords, iron rods, etc. It is reported that there are six other cases against the petitioner and that if he is granted bail, it would be a menace to the people at large. 2. Another Bench of this Court has observed as follows: BA 7316/2011 2 “The learned Public Prosecutor submitted that the petitioner is involved in another case where the offence alleged is under Section 302 of Indian Penal Code. The petitioner is involved in six other cases as well. It is submitted that the presence of the petitioner in the locality would be a menace to the the people at large. The learned Public Prosecutor also submitted that charge was laid on 8.8.2011.” 3. Learned Public Prosecutor would further submit that when the brother of the deceased appeared in court, he was threatened by the petitioner/accused. It will not be possible for the witnesses to give evidence properly if the accused is granted bail at this stage. It is stated that charge sheet is filed and some more records are yet to be produced. The gravity of the offence as well as the conduct of the accused, as stated by the Public Prosecutor, would persuade the Court to hold that if petitioner is granted bail, he would tamper with the evidence and hamper the fair trial. Hence, considering the entire aspects of the case, I am not inclined to grant bail to the petitioner at this stage. Petition is dismissed. (N.K.Balakrishnan, Judge) tkv