Rasheem vs The State Of Kerala on 23 March, 2010

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Kerala High Court

Rasheem vs The State Of Kerala on 23 March, 2010

Bench: K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1708 of 2010()


1. RASHEEM,S/O.MOIDEEN,AGED 24 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.CHANDRASEKHAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :23/03/2010

 O R D E R
                         K.T.SANKARAN, J.
            ------------------------------------------------------
                      B.A. NO. 1708 OF 2010
            ------------------------------------------------------
            Dated this the 23rd day of March, 2010


                               O R D E R

This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.219 of 2010 of Valapattanam Police Station, Kannur District.

2. The offences alleged against the accused are under Sections 143, 147, 148, 294(b), 341, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code.

3. The prosecution case is the following: The de facto complainant is a lawyer by profession. He is practicing at Kannur. He is a sympathizer of the Communist Party of India (Marxist). At about 6.45 PM on 27.2.2010, while he was travelling in a bus, about 20 persons intercepted the vehicle and attacked the de facto complainant with iron rods and sticks. He was pulled out of the vehicle and he was beaten by the accused. When the de facto complainant tried to escape by running, he was followed by the accused persons and he was manhandled. The motive alleged is B.A. NO. 1708 OF 2010 :: 2 ::

that the de facto complainant and certain other persons were responsible for catching hold of some of the accused who were indulged in illegal transportation of sand. Those persons who were engaged in transportation of sand were arrested and the vehicle was seized. It is alleged that the assailants belong to NDF, a political party. It is also alleged that even at that time those persons had threatened to "deal" with the petitioner adequately for having informed the police about transportation of sand.

4. The petitioner was arrested on 1.3.2010 and he was remanded to judicial custody.

5. The Bail Application was vehemently opposed by the learned Public Prosecutor. It is submitted that only three of the accused persons were arrested. The investigation is in progress. If the petitioner is released on bail, he would try to influence or intimidate the prosecution witnesses. There is also a likelihood of the petitioner making himself scarce. The learned Public Prosecutor also submitted that if the petitioner is released on bail, the chance of arresting the other accused also would be adversely affected.

B.A. NO. 1708 OF 2010 :: 3 ::

6. In the facts and circumstances, I do not think that it is proper to release the petitioner on bail at this stage of the investigation. Taking into account the nature and gravity of the offence also, I do not think it is proper to grant bail to the petitioner at this stage.

For the aforesaid reasons, the Bail Application is dismissed.

(K.T.SANKARAN) Judge ahz/

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