IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Bail Appl..No. 6864 of 2010() ----------------------------------------- (CRIME NO.237/2002 OF ANCHAL POLICE STATION,KOLLAM DISTRICT) .... APPLICANT/ACCUSED NO.1: -------------------------------------------- ABDUL KHADAR, AGED 48 YEARS, S/O.HYDROSE KUNJU,PONGUMMUKALIL VEEDU, ERAM MURI, ANCHAL VILLAGE, PATHANAPURAM TALUK. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, BY ADV. SRI. M.REVIKRISHNAN, SRI.UNNI SEBASTIAN KAPPEN. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I.OF POLICE, ANCHAL POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6864 of 2010 ------------------------------------------------ Dated this the 29th day of October, 2010 ORDER The petitioner, who is accused No.1 in Crime No.237 of 2002 of Anchal Police Station for offences punishable under Sections 120(B), 143, 147, 148, 427, 460 & 302 read with Section 149 I.P.C. and Sections 3 & 5 of the Explosive Substances Act, seeks his enlargement on bail. The petitioner was arrested on 19/07/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that it is a case of brutal murder of the victim using sword and explosives in the night of 18/7/2002 and the petitioner who was granted bail during the crime stage jumped bail and fled from justice by going abroad using a forged passport and he successfully evaded his apprehension by the police till 19/7/2009 when he was arrested from the Sahara Airport, Bombay. Many of the co-accused who faced trial have been convicted and the petitioner very well knows that if he is released on bail he can slip away from the country by using another forged passport. Bail Appln.No.6864/2010 : 2 : 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 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 skj