IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 874 of 2010()
1. ANIL, S/O.KUTTAN, AGED 39 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.R.SANTHOSH BABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 874 of 2010
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Dated this the 1st day of March, 2010
O R D E R
This is an application for bail under Section 439 of the Code
of Criminal Procedure. The petitioner is accused No.3 in Crime
No.134/2010 of Thiruvalla Police Station.
2. The offences alleged against the petitioner are under
Sections 341, 324, 326, 307 and 120 B read with Section 34 of
the Indian Penal Code.
3. The gist of the prosecution case is the following: On
27/1/2010, the victim, Vishak, while riding on a motor bike, was
intercepted by the accused persons and he was attacked by them
with sword, chopper and sword sticks. It is alleged that the
weapons of offence were used straight on the head of the victim.
Since the victim warded off the attack by his hands, he sustained
serious injuries on both of his hands. He also sustained mandible
fracture. He was treated in the Pushpagiri Medical College
Hospital, Thiruvalla and later he was referred to the Medical
College Hospital, Kottayam. The doctor, who treated Vishak, had
given opinion that the injuries were very serious in nature. I have
B.A. No. 874/2010
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perused the Case Diary, wound certificates and the diagrams
showing the wounds sustained by Vishak. It is submitted by the
learned Public Prosecutor that the Medical Officer of the Medical
College Hospital, Kottayam has stated that due to the injuries
sustained by Vishak, his both hands were paralysed and that
there is no chance of recovery.
4. The motive for the attack is that the accused
suspected that Vishak was responsible for informing the police
about the activities of the accused in unlawful mining and
removal of sand. The learned Public Prosecutor submitted that
the accused persons constitute a sand mafia in the locality. The
first accused is a notorious criminal, submits the learned Public
Prosecutor.
5. The petitioner was arrested on 30/1/2010 and he was
remanded to judicial custody. The investigation is not over. If the
petitioner is released on bail at this stage, as rightly pointed out
by the learned Public prosecutor, it would adversely affect the
proper investigation of the case. It is also likely that the
petitioner may indulge in similar criminal activities and intimidate
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and influence the witnesses.
6. The learned counsel for the petitioner submitted that
the petitioner was admitted in a Private Mental Hospital, from
where he was arrested. The counsel points out that the petitioner
is suffering from mental illness.
7. The learned Public Prosecutor assured that if the
petitioner shows symptom of any illness, he would be adequately
treated at the appropriate hospital. This submission is recorded.
For the aforesaid reasons, the Bail Application is
dismissed.
K.T. SANKARAN, JUDGE
scm