SAKKEER HUSSAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the 3rd accused in Crime No.73/07 of Tirur Police Station for offences punishable under sections 143, 147, 148, 341, 302 and 307 read with section 149 IPC, seeks his enlargement on bail.

(2.) Sri.P.G.Thampi, Director General of Prosecution, opposed the application.

(3.) The occurrence took place in the night of 19.1.2007 in which the deceased, who was riding a motor cycle and his pillion rider were assaulted with deadly weapons like sword, etc. The deceased namely, Raveendran succumbed to the injuries and his pillion rider was also seriously wounded.The role attributed to the petitioner was that he was engineering the entire operations using a mobile phone and it was an intelligently executed ploy by the accused persons, who are alleged to be NDF workers. The deceased was alleged to be an RSS worker. According to the prosecution, after this incidence, there has been communal disharmony spreading like a conflagration and the State is finding it difficult to control the law and order situation. Under the circumstances, if the petitioner is released on bail, he will influence and intimidate the prosecution witnesses and that may hamper the smooth investigation of the case.I am not inclined to grant bail to the petitioner. This petition is accordingly dismissed.