High Court Kerala High Court

P.Rajesh vs State Of Kerala on 24 June, 2009

Kerala High Court
P.Rajesh vs State Of Kerala on 24 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3371 of 2009()


1. P.RAJESH, S/O.GOPI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.KALEESWARAM RAJ

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :24/06/2009

 O R D E R
                          K.T.SANKARAN, J.
                      -----------------------------
                         B.A.No.3371 of 2009
                      -----------------------------
                Dated this the 24th day of June, 2009


                                 ORDER

This is an application for bail under Section 439 of the Code of

Criminal Procedure. The petitioner is the second accused in Crime

No.43 of 2009 of Kannavam Police Station.

2. The offences alleged against the petitioner are under

Sections 143, 147, 148, 341 and 302 read with Section 149 of the

Indian Penal Code.

3. The petitioner was arrested on 7.5.2009 and he is in

judicial custody.

4. Learned counsel for the petitioner submitted that the

petitioner may be released on bail imposing stringent conditions.

5. Learned public prosecutor submitted that there was a clash

between two political groups which resulted in the death of one

person. He stated that 34 injuries were inflicted on the deceased. If

the accused persons are released on bail, it would cause law and order

problems in the locality and it would result in breach of peace.

Learned public prosecutor also submitted that if the petitioner is

released on bail, the evidence will be tampered with and the witnesses

BA No.3371/2009 2

will be intimidated.

6. The petitioner had filed Bail Application No.2243 of 2009,

which was dismissed by me as per the order dated 3rd June 2009.

7. Taking into account the facts and circumstances of the case

and the stage of investigation, I do not think that the petitioner can be

granted bail at this stage.

The Bail Application is accordingly dismissed.

K.T.SANKARAN,
JUDGE
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