P RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS bail application was originally filed under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No. 43/09 of Kannavam Police Station.

(2.) DURING the pendency of the application, the petitioner was arrested and a request was made by the learned counsel for the petitioner to treat the application as one filed under Section 439 Cr. P. C. The learned Single Judge, before whom the request was made, apparently was in favour of granting such a request, though technically speaking, no order was passed to that effect. I treat this application as one under Section 439 Cr. P. C. The offences alleged against the petitioner and five other accused persons are under Sections 143, 147, 148, 341 and 302 read with 149 of the Indian Penal Code. BA. 2243/09 2

(3.) LEARNED Public Prosecutor submitted that accused 1, 2, 5 and 6 were arrested. The petitioner was arrested on 7. 5. 2009 and he is in judicial custody. Learned Public Prosecutor also submitted that there was a clash between two political groups resulting in the death of one person. If the petitioner is released on bail at this stage, it is submitted that there will be breach of peace in the locality. Learned Public Prosecutor further submitted that there is every likelihood of the witnesses being influenced or intimidated, if the petitioner is granted bail. Taking into account the facts and circumstances of the case, I do not think that bail cannot be granted to the petitioner at this stage. The bail application is accordingly dismissed.