Anilkumar vs State Of Kerala Represented By The on 10 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6545 of 2009()


1. ANILKUMAR,S/O.MURALEEDHARAN PILLAI,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.P.V.DILEEP

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :10/11/2009

 O R D E R
                         K.T.SANKARAN, J.
            ------------------------------------------------------
                     B.A. NO. 6545 OF 2009
            ------------------------------------------------------
          Dated this the 10th day of November,2009


                               O R D E R

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

Criminal Procedure. The petitioner is the accused in Crime No.1119

of 2009 of Karunagappally Police Station.

2. The offences alleged against the petitioner are under

Sections 294(b), 324, 326 and 307 of the Indian Penal Code.

3. The gist of the prosecution case is the following: On

24.10.2009 at about 8 PM, the accused persons attacked the de

facto complainant and stabbed him several times. Son of the de

facto complainant intervened. He was also stabbed. The son of the

de facto complainant sustained severe injuries. The neighbours

came to the scene. The allegation is that the accused stabbed those

four persons also. Thus, six persons sustained incised wounds on

account of the attack made by the petitioner. It is submitted that the

son of the de facto complainant is still undergoing treatment. The

B.A. NO. 6545 OF 2009

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others were discharged. The accident register-cum-wound certificate

would disclose that all the victims have sustained incised wounds.

4. Taking into account the facts and circumstances of the

case, the nature and gravity of the offence and the fact that six

persons sustained incised wounds on account of the attack made by

the petitioner, I am not inclined to grant bail to the petitioner at this

stage. The petitioner is a neighbour of the de facto complainant. If

he is released on bail, it would create tension in the area, as rightly

pointed out by the learned Public Prosecutor.

For the aforesaid reasons, the Bail Application is dismissed.

(K.T.SANKARAN)
Judge

ahz/