IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Bail Appl..No. 7415 of 2008() ----------------------------- CRIME NO.1128/08 OF THE KADAVNTHARA POLICE STATION PETITIONER/ACCUSED (IN CUSTODY) --------------------------------------------------- SAJAN, S/O.BALACHANDRAN, SAHYADRI HOUSE, KUMARANASAN NAGAR, ELAMKULAM, KADAVANTHARA, KOCHI.20. BY ADV. SRI.N.SUKUMARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, KADAVANTHRA, KOCHI.20. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7415 of 2008 ----------------------------------------- Dated this the 5th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 307 of the Indian Penal Code. According to prosecution, petitioner is a trainee in an institution, which was run by de facto complainant. On 31.10.2008 in the evening, petitioner stabbed the injured with a knife on several parts of the body and attempted to commit murder. This was for the reason that she turned down his request for love. 3. Learned counsel for petitioner submitted that the injured was discharged from the hospital on 11.11.2008 and hence, he may be granted bail. He has been in custody from 31.10.2008 onwards. Any stringent condition may be imposed, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that this was a case where a girl, who is aged 24 years, was attacked by petitioner with a knife and as many 14 injuries were inflicted on her. Her right index finger BA.7415/08 2 was were amputated and a depressed fracture was also caused on parietal bone apart from various other incised wounds on several parts of the body. The investigation is in the initial stage. It is also submitted that it is likely that petitioner will intimidate the witnesses and tamper with evidence and if petitioner is released on bail, it will adversely affect the investigation. 5. On hearing both sides and on going through the case diary, wound certificate etc., I am satisfied that if bail is granted at this stage, it is likely that petitioner will influence the witnesses or intimidate them or tamper with evidence and hence, it is not fit and proper to grant bail at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.