High Court Kerala High Court

M.C.Chandran vs State Of Kerala on 16 December, 2009

Kerala High Court
M.C.Chandran vs State Of Kerala on 16 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7378 of 2009()


1. M.C.CHANDRAN S/O CHINKAM,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SMT.T.SUDHAMANI

                For Respondent  : No Appearance

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

 Dated :16/12/2009

 O R D E R
                       K. T. SANKARAN, J.
                      -------------------------
                      B.A. No. 7378 of 2009
                   -------------------------------
            Dated this the 16th day of December, 2009

                             O R D E R

This is an application for anticipatory bail under Section 438

of the Code of Criminal Procedure. The Petitioner is the accused

in Crime No.151/2009 of Chittarikkal Police Station, Kasaragod.

2. The offence alleged against the petitioner is under

Section 302 of the Indian Penal Code.

3. The prosecution case is that on 3/11/2009 at

8.30 P.M, the petitioner stabbed the deceased, who is a relative

of the wife of the petitioner. The deceased was taken to the

hospital and he succumbed to injuries. The petitioner was

arrested on 5/11/2009 and he was remanded to judicial custody.

4. The learned Public Prosecutor submitted that the

petitioner tried to stab his son on account of a quarrel between

the petitioner and his wife. All of them made a hue and cry. The

deceased came to the spot. Without any provocation, the

petitioner stabbed the deceased. It is submitted by the learned

Public Prosecutor that the investigation is not over and that if the

petitioner is released on bail at this stage, it would adversely

B.A. No. 7378/2009
2

affect the proper investigation of the case. It is also submitted by

the learned Public Prosecutor that it is most likely that the

petitioner may try to intimidate or influence the witnesses and

tamper with the evidence.

5. Taking into account the facts and circumstances of the

case, the nature and gravity of the offence, the allegations

levelled against the petitioner and the present stage of

investigation, I do not think that the petitioner can be released

on bail at this stage.

The Bail Application is accordingly dismissed.

K.T.SANKARAN, JUDGE

scm