IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6838 of 2009()
1. ELDHOSE @ KUNJUMON, S/O. MATHAI,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.LATHEESH SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 6838 OF 2009
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Dated this the 23rd 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.683
of 2009 of Adimaly Police Station, Idukki District.
2. The offences alleged against the petitioner are under
Sections 302 and 307 of the Indian Penal Code.
3. The date of occurrence was on 18.10.2009. The petitioner
was arrested on 21.10.2009. The gist of the prosecution case is the
following: The de facto complainant was in love with the daughter of
the accused. The de facto complainant is aged 19 years. The
accused did not like the relationship between his daughter and the
de facto complainant. On the date of occurrence, the de facto
complainant had contacted the girl over phone. It is alleged that the
accused directed the de facto complainant to go over to the house of
the accused to talk over the matter. The de facto complainant and
his friend went to the house of the accused. Without any
B.A. NO. 6838 OF 2009
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provocation, the accused attacked them with a sharp knife, which
resulted in the death of the friend of the de facto complainant. The
de facto complainant sustained grievous injuries.
4. Learned Public Prosecutor submitted that the petitioner was
involved in various crimes and he was convicted in three other
cases. The petitioner was involved in Crime No.38 of 1981 of
Chavakkad Police Station, Crime No.270 of 1983 of Nadakkavu
Police Station and Crime No.174 of 1985 of Palakkad Town North
Police Station. In all those cases, the offence of theft was alleged.
The petitioner was convicted in those cases. It is also submitted that
the petitioner is an accused in Crime No.665 of 2009 of Adimaly
Police Station, wherein the offences alleged against the petitioner
are under Sections 326, 506(ii) and 427 of the Indian Penal Code.
In that crime, the victim is none other than the brother of the
petitioner. The investigation of the case is not over. The petitioner
has criminal antecedents. The allegation is that he brutally attacked
two youngsters and murdered one of them. If the petitioner is
released on bail at this stage, it would adversely affect the proper
investigation of the case. There is every likelihood of the petitioner
intimidating the witnesses and tampering with the evidence.
B.A. NO. 6838 OF 2009
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For the aforesaid reasons, I am not inclined to grant bail to the
petitioner at this stage. The Bail Application is, therefore, dismissed.
(K.T.SANKARAN)
Judge
ahz/