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.
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B.A. No. 7378 of 2009
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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