IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5986 of 2011() ----------------------------- CMP.3963/2011 of J.M.F.C.,KASARAGOD CRIME NO.172/2011 OF KUMBALA POLICE STATION KASARAGOD .................... PETITIONER/ACCUSED NO.3 ------------------------ ABDUL HAMEED @ AMMI ADAGOLI, AGED 26 YEARS,S/O.LATE MOIDEEN,ADAGOLI HOUSE, PAIVALIKE VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT: STATE -------------------- STATE OF KERALA,REPRESENTED BY S.H.O. KUMBALA POLICE STATION,KASARAGOD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5986 of 2011 ---------------------------------------------- Dated this the 28th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.172 of 2011 of Kumbala Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 7 read with 25(1) (a) of the Arms Act and 4 of the Explosive Substances Act. 3. The prosecution case is the following :- Accused Nos.1 and 2 were produced by the Karnataka Police before the Magistrate's Court at Kasaragod on 07/03/2011. After production before court, accused Nos.1 and 2 were being taken to Mangalore. While they were being taken by the police, accused Nos.1 and 2 escaped from the police custody. They committed theft of a Scorpio Car, changed the number plate and also took the help of accused No.3 and tried to escape in that car. While so, the car was intercepted by the police at Kumbala. Accused Nos.2 and 3 Bail Appln.No.5986/2011 : 2 : escaped. Accused No.1 was apprehended by the police. Accused No.3 was later arrested by Karnataka Police in a theft case. The arrest of the petitioner was recorded in the present case on 15/06/2011 and the petitioner is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in several cases involving various types of offences. If he is released on bail, there is every likelihood of the prosecution witnesses being intimidated and the evidence being tampered with. It is submitted by the learned Public Prosecutor that the petitioner may make himself scarce, if bail is granted. 5. The facts and circumstances of the case would show that the allegation is that with the help of the petitioner, the accused in another case tried to escape from the police custody. When intercepted by the police, the petitioner escaped from being apprehended. He was arrested by the Karnataka police in a theft case. These facts and circumstances would indicate that if the petitioner is released on bail, he may make himself scarce. It is also likely Bail Appln.No.5986/2011 : 3 : that the petitioner would influence or intimidate the prosecution witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj