IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4808 of 2009()
1. SHOBHA D/O. MEENAKSHY,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.A.MOHAMMED
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4808 OF 2009
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Dated this the 26th August, 2009
O R D E R
This is an application for bail under Section 439 of the Code
of Criminal Procedure. Petitioner is accused No.11 in Crime
No.323 of 2009 of Museum Police Station, Thiruvananthapuram.
2. The offences alleged against the petitioner are under
Sections 143, 147, 148, 149, 109, 120 B, 201 and 302 of the Indian
Penal Code and Section 27 of the Arms Act.
3. It would appear that this case arose out of rivalry
between two groups of goondas operating in and around Trivandrum
city. One Thampan @ Sreekumar, who was the brother of Keppan
Ani, the first accused in the present case, was allegedly murdered by
a goonda group. One Althara Binish was the first accused in the
case of murder of Thampan @ Sreekumar.
4. The prosecution case is that to take revenge on the
assailants in the case of the murder of Thampan @ Sreekumar, the
accused persons in the present case committed murder of Althara
B.A. NO.4808 OF 2009
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Binish on 01.06.2009 at 2.15 P.M. in the heart of Trivandrum city.
5. The petitioner was arrested on 06.06.2009. She was
remanded to judicial custody.
6. Learned counsel for the petitioner submitted that there is
no reason why the petitioner should be detained in judicial custody
further.
7. The learned Public Prosecutor, on the other hand,
submitted that the investigation of the case is not over and if the
petitioner is released on bail, there is every likelihood of the proper
investigation being adversely affected. It is submitted that the
petitioner is likely to influence or intimidate the prosecution
witnesses. It is also pointed out that the 10th accused is not arrested
so far and some of the weapons of offence are yet to be recovered.
8. There are materials on record, which would prima facie
disclose that the incident arose as a result of the rivalry between two
goonda gangs. The incident occurred in broad daylight within the
B.A. NO.4808 OF 2009
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limits of Thiruvananthapuram city.
9. Learned Public Prosecutor submitted that the
petitioner is involved in several other cases. It is also submitted that
the petitioner is undergoing detention under the Kerala Anti Social
Activities Prevention Act. If the petitioner is released on bail, there is
every likelihood of the witnesses being influenced or intimidated. It
is submitted that the petitioner is highly influential and that she will
make use of all opportunities to see that the proper investigation of
the case is prejudicially affected. B.A.No.4712 of 2009 filed by
accused Nos.6 and 9 was dismissed by the order dated 21.8.2009.
10. Taking into account all 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, it would affect the
proper investigation of the case.
For the aforesaid reasons, the Bail Application is dismissed.
(K.T.SANKARAN)
Judge
ahz/