IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7075 of 2008()
1. VISWANATHAN, AGED 29 YEARS,
... Petitioner
2. SASI, AGED 32 YEARS,
3. VIJAYAN, AGED 27 YEARS, S/O.CHELLAPPAN,
4. GOPAN, AGED 24 YEARS, KUNNATHU HOUSE,
5. JAYAN, AGED 28 YEARS, S/O.RAJAPPAN,
Vs
1. CIRCLE INSPECTOR, HEMAMBIKA NAGAR,
... Respondent
2. STATE OF KERALA REPRESENTED BY PUBLIC
For Petitioner :SRI.PRADEESH CHACKO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/11/2008
O R D E R
K.HEMA, J.
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B.A.No.7075 of 2008
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Dated this the 20th November, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 143, 147,
148, 341, 326 and 307 read with Section 149 IPC. Petitioners
are accused nos.1, 2, 4, 5 and 6. According to prosecution,
petitioners along with other accused formed into an unlawful
assembly, armed with deadly weapons, assaulted the defacto
complainant, caused grievous hurt to him and also attempted to
commit murder.
3. Learned counsel for petitioners submitted that
petitioners were arrested on 4.10.2008 and they are in custody
for a long time. It is also submitted that right hand of fourth
accused was totally paralysed that too by the attack of defacto
complainant. Hence, it is not possible for him to commit offence,
it is submitted.
4. This petition is strongly opposed. Learned public
prosecutor submitted that petitioners are hired gundas. They
had committed the offence because of previous enmity. As
BA No.7075/2008 2
pointed out by learned public prosecutor, fourth accused was
attacked by defacto complainant and hence, he had a definite
motive to retaliate against defacto complainant. This group of
accused is known under the title, “quotation group”. If they are
granted bail, it is likely that there will be further clashes.
Defacto complainant is a worker of BJP. Petitioners are involved
in a number of case of similar nature. They are likely to influence
or intimidate witnesses and in such case, investigation is likely to
be effected, it is submitted.
5. On hearing both sides, I am satisfied of the
submissions made by the learned public prosecutor and I am not
inclined to grant bail to the petitioners at this stage. If the
petitioners are released on bail, it will adversely affect the
investigation.
The petition is dismissed.
K.HEMA, JUDGE
csl