IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Bail Appl..No. 4959 of 2008(D) ----------------------------- CMP.3292/2008 of J.M.F.C.-I,HOSDRUG CRIME NO.62/2008 OF RAJAPURAM POLICE STATION .................... PETITIONER/ACCUSED NO.8 : ----------------------- IBRAHIM, AGED 25 YEARS, S/O.M.K.ABDUL SALAM, MOHDOOM VEETTIL, KODOM, BELUR VILLAGE. BY ADV. SRI.T.K.VIPINDAS RESPONDENT/COMPLAINANT : ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING, S.H.O.RAJAPURAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 4959 OF 2008 ------------------------------ Dated this the 18th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Sections 143, 147, 307, 316 & 120B read with Section149 of I.P.C. According to the prosecution, on 3/03/2008 the accused trespassed into the courtyard of the house of the defacto complainant. Accused Nos.1 to 3 poured acid on the body of the defacto complainant, his pregnant wife and servant with an intention to kill them. The death of quick unborn child in the womb was caused because of the injury sustained and the three sustained serious injuries. 2. Learned counsel for the petitioner submitted that the petitioner has no role in the crime and he has been unnecessarily implicated as an accused No.8 in the crime. No specific allegations are made against him. He has surrendered before the court on 23/07/2008 and he is in custody since then. 3. Learned Public Prosecutor submitted that the investigation is in the preliminary stage and granting of bail to B.A. No. 4959 OF 2008 2 the petitioner at this stage will adversely affect the investigation, on the facts and nature of the allegations made in this case. It was submitted that the offence was committed against the injured at the instance of the first wife of the defacto complainant. It is the relative of the first wife, who are involved in the crime. There was conspiracy and the petitioner is the person who arranged the money for the commission of the offence. He was also present in the spot at the time of occurrence in the terms of Sessions Court by A1 and A3. The nature of offence of the petitioner and various others are involved into, hence this petition is opposed. On hearing both sides and in the nature of allegations made, I am satisfied that the release of the petitioner on bail at this stage will adversely affect the investigation and hence this petition is dismissed. K.HEMA, JUDGE scm