IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6753 of 2009()
1. SHAFI, AGED 21 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,R EP. BY PUBLIC
... Respondent
For Petitioner :SRI.M.L.SURESH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6753 of 2009
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Dated this the 18th day of November, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.6 in
Crime No.567 of 2009 of Kilikolloor Police Station, Kollam
District.
2. The offences alleged against the petitioner are under
Sections 143, 147, 148, 294(b), 452, 437 and 308 read with
Section 149 of the Indian Penal Code and Section 27 of the Arms
Act.
3. The prosecution case is that on 28.10.2009, at about
1 A.M., the accused persons forcibly entered into the house of
the de facto complainant after breaking open the door of the
house and caused injuries on the de facto complainant with a
sword. He was also beaten up with iron rods. His wife was also
attacked. They sustained injuries. The wound certificate would
disclose the following injuries on the de facto complainant.
(i) “An incised wound of 3x2x1 cm. on (R) side of
face below (R) eye;
(ii) An incised wound of 10x3x1 cm. on the (R) side
of scalp – sutured;
BA No.6753/2009 2
(iii) An incised wound of 4x2x1 cm. on the back of
scalp-sutured.”
4. In the FI statement, the de facto complainant has
stated that the accused committed the offence on account of the
fact that the son of the de facto complainant gave some
information to the police about the illegal activities of the
accused persons. The investigation is not over. It is submitted
by the learned Public Prosecutor that if the petitioner is released
on bail at this stage, it would adversely affect the proper
investigation of the case. It is most likely that the petitioner may
tamper with the evidence or try to influence or intimidate the
witnesses.
5. Taking into account the facts and circumstances of the
case, I find force in the submission made by the learned Public
Prosecutor. I do not think it proper to release the petitioner on
bail at this stage, particularly, when the investigation is not
completed.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl