IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Bail Appl..No. 4712 of 2009 CRIME NO.323 OF 2009 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM. PETITIONERS: A6 & A9: ---------------------------- 1. RAJENDRAN @ POOKKADA RAJENDRAN (A6) S/O.SOMAN, PANAYIL VEEDU, T.C.7/933, NEAR RAVISHANKAR ASRAMAM, MARUTHANKUZHY, PANGODE WARD, SASTHAMANGALAM VILLAGE. 2. RADHAKRISHNAN (A9), S/O.SASIDHARAN, T.C.7/398, VKP NAGAR, KANJIRAMPARA, PANGODE WARD, SASTHAMANGALAM VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB-INSPECTOR OF POLICE, MUSEUM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4712 OF 2009 ------------------------------------------------------ Dated this the 21st August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.6 and 9 in Crime No.323 of 2009 of Museum Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 109, 120 B, 201 and 302 of the Indian Penal Code and Section 27 of the Arms Act. 3. It would appear that this case arose out of rivalry between two groups of goondas operating in and around Trivandrum city. One Thampan @ Sreekumar, who was the brother of Keppan Ani, the first accused in the present case, was allegedly murdered by a goonda group. One Althara Binish was the first accused in the case of murder of Thampan @ Sreekumar. 4. The prosecution case is that to take revenge on the assailants in the case of the murder of Thampan @ Sreekumar, the B.A. NO.4712 OF 2009 :: 2 :: accused persons in the present case committed murder of Althara Binish on 01.06.2009 at 2.15 P.M. in the heart of Trivandrum city. 5. The first petitioner (accused No. 6) was arrested on 11.06.2009 and the second petitioner (9th accused) was arrested on 08.06.2009. They were remanded to judicial custody. 6. Learned counsel for the petitioners submitted that there is no reason why the petitioners should be detained in judicial custody further. 7. The learned Public Prosecutor, on the other hand, submitted that the investigation of the case is not over and if the petitioners are released on bail, there is every likelihood of the proper investigation being adversely affected. It is submitted that the petitioners are likely to influence or intimidate the prosecution witnesses. It is also pointed out that the 10th accused is not arrested so far and some of the weapons of offence are yet to be recovered. 8. There are materials on record, which would prima facie B.A. NO.4712 OF 2009 :: 3 :: disclose that the incident arose as a result of the rivalry between two goonda gangs. The incident occurred in broad daylight within the limits of Thiruvananthapuram city. The members involved in the goonda gangs do not mind in committing offence in broad daylight or during midnight. They are not bothered about the members of the general public. The activities of goonda gangs make the life of the ordinary people miserable. The safety and security of the general public in many parts of the State are said to be at stake due to the illegal activities of goonda gangs and other habitual criminals. The number of such cases are alarmingly increasing day by day in the State. I do not think that any sympathetic consideration should be made while dealing with the bail applications of the members of such goonda gangs. The consideration to be made in an ordinary criminal case in the matter of grant of bail and the consideration to be made in dealing with a case of this nature could not be the same. Several factors are to be noticed in the matter of granting bail. One such consideration should be the safety and security of the law abiding citizens. The general public should not be under the mercy of the goonda gangs. The safety and security of the people at large should be the paramount consideration. B.A. NO.4712 OF 2009 :: 4 :: 9.Taking into account all the facts and circumstances of the case, I do not find any ground to show any leniency in favour of the petitioners. There is no ground why the petitioners should be granted bail. If the petitioners are released on bail, it would affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ln