IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8176 of 2011() ----------------------------- CMP.10542/2011 of J.M.F.C.-III,NEYYATTINKARA CBCID CRIME NO.87/2011-CRIME NO.95/2011 OF BALARAMAPURAM POLICE STATION,THIRUVANANTHAPURAM .................... PETITIONER/5TH ACCUSED : -------------------------- RATHEESH KUMAR, AGED 25 YEARS, S/O.SATHEESH KUMAR, SIVASAKTHI BHAVAN, KADAVANKODU COLONY, PERUMPAZHUTHOOR, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: COUNTER PETITIONER --------------------------------- STATE OF KERALA, REP.BY DEPUTY SUPERINTENDENT OF POLICE, HHW-1, CBCID, THIRUVANANTHAPURAM, REPRESENTING THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. STATE PROSECUTOR SRI.ASIF ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8176 of 2011 ---------------------------------------------- Dated this the 25th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in C.B.C.I.D. Crime No.87 of 2011-Crime No.95 of 2011 of Balaramapuram Police Station, Thiruvananthapurm District. 2. The offences alleged against the petitioner are under Sections 114, 120-B and 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following:- On 02/02/2011 at 9.30 P.M., accused Nos.1 and 3 hired the auto rickshaw driven by the deceased. Accused Nos.2 and 4 followed the auto rickshaw on two motor bikes. The auto rickshaw was intercepted by them. The deceased was pulled out and he was attacked by accused Nos.1 to 4. Serious injuries were inflicted on the deceased with a chopper. He succumbed to the injuries. The allegation is that accused Nos.1 to 4 assaulted and murdered the deceased at the instance of and as instigated by accused No.5, who had previous enmity towards the deceased. Bail Appln.No.8176/2011 : 2 : 4. It is submitted by the learned State Prosecutor that the Crime Branch took over the investigation on 12/04/2011 and the investigation is not over. Accused Nos.3 and 4 were not arrested. It is submitted that if the petitioner is released on bail, it would not be possible to arrest accused Nos.3 and 4. 5. Taking into account the facts and circumstances of the case, I am of the view that it is not proper to grant bail to the petitioner at this stage. The investigation is progressing. If the petitioner is released on bail, it is most likely that he would try to influence or intimidate the witnesses and tamper with the evidence. The fact that accused Nos.3 and 4 have not been arrested is also a relevant factor to be taken note of. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj