IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5013 of 2009() ----------------------------- CRIME NO.418/2009 OF PARAVUR POLICE STATION PETITIONER/ACCUSED -------------------------------------- BALACHANDRAN @ THAMPI, S/O.GANGADHARAN, V.S.NIVAS, NEAR MADAN NADA, POOTHAKKULAM CHERRY, POOTHAKKULAM VILLAGE. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, PARAVUR POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5013 of 2009 --------------------------------------------- Dated this the 23rd day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.418 of 2009 of Paravur Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The date of occurrence was on 25.7.2009. The petitioner was arrested on 28.7.2009. The allegation is that the petitioner, who is a PWD contractor, was having a dispute regarding pathway with the deceased. On the date of incident, he drove the car on the deceased and committed the murder. The investigation is in progress. The Bail Application is seriously opposed by the learned Public Prosecutor. In the facts and circumstances of the case, I do not think that the petitioner can be released on bail at this stage. If the petitioner is released on bail at this stage, it would affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl