IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 8763 of 2011() ----------------------------- CRMP.3081/2011 of DISTRICT COURT, PALAKKAD Crime No.348 of 2011 of Kongad Police Station, Palakkad District. .................... APPLICANT/ACCUSED ------------------------------------- KRISHNA S.GUPTA, S/O.LAKSHMI AMMAL, KIZHAKKUMPURATH HOUSE, THRIPPALAMUNDA, PARASSERRY, PERINGODE, PALAKKAD. BY ADV. SRI.M.KRISHNAKUMAR RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8763 OF 2011 --------------------------------- Dated this the 4th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.348 of 2011 of Kongad Police Station, Palakkad District. 2. The offences alleged against the petitioner are under Sections 341, 294(b), 324, 506(ii) and 307 read with 34 of the Indian Penal Code. 3. The prosecution case is that on 29.9.2011, the accused persons attacked the defacto complainant, who is none other than the sister of accused No.1, resulting in serious injuries. The petitioner was arrested on 29.9.2011. The application for bail submitted by the petitioner before the learned Sessions Judge was dismissed by the order dated B.A.No. 8763 OF 2011 2 14th October, 2011. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary which also contains the photographs of the victim. The photographs would show the nature of the injuries sustained by the defacto complainant and another. 5. The learned counsel for the petitioner submitted that there are civil disputes and criminal cases between the parties and that the petitioner is not involved in the offence. It is also submitted that the petitioner and his wife sustained injuries in an attack made against them and another crime was registered against the defacto complainant in the present case. 6. The learned Public Prosecutor submitted that the petitioner is involved in two other crimes. 7. The investigation in the present case is going on. If the petitioner is released on bail at this stage, it would certainly B.A.No. 8763 OF 2011 3 affect the proper and smooth investigation of the case. It is most likely that he would influence or intimidate the witnesses and tamper with evidence. The injuries sustained by the sister of the petitioner would also indicate the heinous nature of the crime. 8. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly, dismissed. K.T.SANKARAN, JUDGE. cms