IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Bail Appl..No. 7044 of 2010() ----------------------------- AGAINST THE ORDER DATED 27/08/2010 IN CRMP 3734/2010 IN SC.261/2010 of ADDITIONAL SESSIONS COURT (ADHOC), THRISSUR CRIME NO.1317/2009 OF KODUNGALLUR POLICE STATION .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- SAJI @ SAJEEVAN, S/O.KANNAN, PALOTTUKAVIL HOUSE, ERINGAL VILLAGE DESOM, KANNUR. BY ADV. SRI.G.SANTHOSH KUMAR (P). 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 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. .................................. Bail Application No.7044 of 2010 ..................................................... Dated: 9th day of November, 2010 ORDER Petitioner, who is the 1st accused in S.C.No.261/2010 on the file of the Additional Sessions Court, Adhoc-I, Thrissur for an offence punishable under Section 399 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 24.11.2009. The petitioner was found along with four others armed with deadly weapons at 4.30 a.m on 24.11.2009 at the premises of Ayyappankavu Temple at Padukulam within the limits of Kodungallur Police Station. He was apprehended and Crime No.1317/2009 of Kodungallur Police Station was registered against him. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in several other cases of similar and graver nature and in case, the petitioner is released on bail, he will make himself scarce and flee from justice. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury sustained, the Bail Application No.7044 of 2010 2 propensities of the petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this stage. This petition is accordingly dismissed. V. RAMKUMAR, (JUDGE) dmb