IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5720 of 2009()
1. BABUKUTTAN @ BABU
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. SUB INSPECTOR OF POLICE
For Petitioner :SRI.K.HARILAL
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5720 OF 2009
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Dated this the 9th day of October, 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 third accused in Crime
No.465 of 2009 of Haripad Police Station.
2. The offences alleged against the accused persons are
under Sections 143, 147, 148, 149, 324 and 302 of the Indian Penal
Code and Section 27 of the Arms Act.
3. The date of occurrence was on 24.8.2009 at 11 PM. The
prosecution case is that the accused persons attacked the deceased
Roopak with dangerous weapons and caused serious injuries. The
deceased was admitted in the Medical College Hospital. On
27.8.2009, he died. The prosecution case, as revealed from the
First Information Statement, is that accused Nos.1 to 3 stabbed the
deceased with daggers. The petitioner was arrested on 26.8.2009
and he was remanded to judicial custody. It is seen that there was a
B.A. NO. 5720 OF 2009
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suit between the mother of the deceased and the deceased on the
one side and the accused and others on the other, wherein the
plaintiffs claimed compensation on account of the damage caused to
the house of the deceased by the defendants. That suit was
compromised. It is alleged that on the fateful day, the deceased was
called to the place of incident at the instance of the first accused.
The first informant was also present at the scene of occurrence. He
saw the incident and he has narrated the incident in the First
Information Statement.
4. Learned Public Prosecutor very vehemently opposed the
Bail Application. It is submitted that the accused persons are having
close connection with goonda gangs. Learned Public Prosecutor
submitted that if the petitioner is released on bail, there will be
danger to the life of Jayakrishnan, who gave the First Information
Statement, and one Santhosh, who was an eye witness to the
incident. The investigation is in progress. It is also submitted that if
the petitioner is released on bail, it would have serious adverse
impact on the proper investigation of the crime.
5. Taking into account the facts and circumstances of the
B.A. NO. 5720 OF 2009
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case and the submissions made by the learned Public Prosecutor, I
am of the view that it is not proper to release the petitioner on bail at
this stage.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/