IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1807 of 2010() ----------------------------- CRIME NO.303/2009 OF KUNNAMANGALAM POLICE STATION .................... PETITIONER (S): ACCUSED --------------------------- B.C. ANOOP, AGED 29 YEARS, S/O. BALACHANDRAN, KARTHIKA HOUSE, KODAMBATTIL, VARATTYAKKIL, KUNNAMANGALAM. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1807 of 2010 --------------------------------------------- Dated this the 26th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner B.C.Anoop, who is the accused in Crime No.303 of 2009 of Kunnamangalam Police Station and who is in judicial custody since 23.6.2009, seeks bail. He is the accused in Sessions Case No.569 of 2009 on the file of the court of the Additional Sessions Judge, Fast Track (Adhoc-I), Kozhikode. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The prosecution case is that on 21.6.2009, at about 4.55 A.M., the petitioner committed murder of one Seethikoya Haji, aged about 70 years, while Seethikoya Haji came out of the mosque after morning prayers. Seethikoya Haji was taken to the hospital immediately. He succumbed to the injuries on the same date. 4. The petitioner was arrested on 23.6.2009 and he was remanded to judicial custody. BA No.1807/2010 2 5. It is submitted that the petitioner moved an application for bail before the learned Sessions Judge which was dismissed by the order dated 11th March, 2010. 6. The learned Public Prosecutor very vehemently opposed the Bail Application. He submitted that the petitioner is an accused in Crime No.322 of 2008 of Kunnamangalam Police Station. The offences alleged against the petitioner in that case are under Sections 324 and 307 of the Indian Penal Code. The case against the petitioner is that he attempted to commit murder of two persons who belong to Muslim community. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail, it may result in a communal riot in the locality. The learned Public Prosecutor also submitted that in view of the communal tension which prevails in the area, the life of the petitioner also will be in danger, if he is released on bail. 7. The learned Sessions Judge took into account all the relevant facts and came to the conclusion that it is not proper and safe to release the petitioner on bail. The learned Sessions Judge also took into account the fact that the petitioner allegedly committed the offence in the present case while he was on bail in BA No.1807/2010 3 Crime No.322 of 2008 referred to above. 8. Taking into account the peculiar facts and circumstances of the case and the probability of communal tension that may arise in the area and the probability of danger to the life of the petitioner, if he is released on bail, I am not inclined to grant bail to the petitioner at this stage. At the same time, it is only proper to direct the learned Sessions Judge to expedite the trial of the case. For the aforesaid reasons, the Bail Application is dismissed. The Additional Sessions Judge, Fast Track (Adhoc-I), Kozhikode shall expedite the trial of Sessions Case No.569 of 2009. K.T.SANKARAN, JUDGE csl