IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Bail Appl..No. 5168 of 2010() ----------------------------- CRIME NO.201/CR/EKM/09 OF CRIME BRANCH C.I.D, H.H.W II ERNAKULAM (CRIME NO.1126/2009 OF KOTHAMANGALAM POLICE STATION) PETITIONER/ACCUSED NO.1 ------------------------------------------- SUBASH.M, AGED 31 YEARS, S/O.VARGHESE, MATTAPPILLIL HOUSE, SOUTH TO THE JACOBITE CHURCH, ODAKKALY, EKKUNNAM KARA, ASAMANNOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.ABRAHAM P.GEORGE SRI.DILISH JOHN SMT.T.V.SHELJA SMT.T.J.MARIA GORETTI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * B.A.NO. 5168 of 2010 * * * * * * * * * * * * * * * * * * Dated, this the 8th day of September 2010 ORDER Petitioner, who is the 1st accused in Crime No.1126/2009 of Kothamangalam Police Station and subsequently taken over by the Crime Branch CID, Ernakulam as Crime No.201/CR/EKM/09 for offences punishable under Sections 302, 392 and 201 read with 34 IPC, seeks his enlargement on bail. He was arrested on 30.3.2010. His earlier bail applications were dismissed by this Court. The case is now pending trial before the Sessions Court, Ernakulam as S.C.No.457/2010. 2. The case of the prosecution is as follows:- The petitioner and another had enticed deceased Ajas to their house on the promise of doubling his currency notes. Ajas was missing from his house from 17.5.2010. During the investigation it was revealed that Ajas had gone to the house of the petitioner with Rs.5,00,000/- and the petitioner and the other accused, in furtherance of their B.A.NO. 5168 of 2010 2 common intention took the money from Ajas and had attempted to kill him by administering poison. Ajas, however, did not die and he was therefore chopped to death. They made an attempt to set fire to his body by pouring kerosene from the first floor of his house. But fearing that neighbours would detect the offence, they took the body to Idukki in a car after extinguishing fire. The body was taken to Kothamangalam and buried there. Ajas was thus brutally murdered after taking his money. 3. It is too early to accept the contentions of the petitioner. The matter is now pending trial before the Sessions Court. The petitioner is involved in two other crimes and he had jumped bail in those cases. If at this stage of the case the petitioner is released on bail, he will definitely influence or intimidate the prosecution witnesses and will also flee from justice. This bail application is accordingly dismissed. V. RAMKUMAR, (JUDGE) dmb