IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Bail Appl..No. 1528 of 2011() ----------------------------------- CMP.1063/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD CRIME NO.43/2011 OF VIDYA NAGAR POLICE STATION, KASARAGOD .................... PETITIONER/9TH ACCUSED: --------------------------------- SHEIK MUHAMMED NAVAS, S/O.SHEIK MUHAMMED YAKOB, SIRAMICS ROAD, THERUVATH, THALANKARA VILLAGE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT & STATE: -------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, VIDYA NAGAR POLICE STATION, KASARAGOD - 671 128. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1528 of 2011 ----------------------------------------------------- Dated this the 9th day of March, 2011 ORDER Petitioner, who is accused No.9 in Crime No.43 of 2011 of Vidya Nagar Police Station for offences punishable under Sections 143, 147, 148, 153-A & 302 read with Section 149 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 04/02/2011. 2. The learned Public Prosecutor opposed the application contending inter alia that this was a planned assassination of one Upendran as a measure of retaliation. The petitioner who was an active member of the criminal conspiracy had given monetary support to the other accused to abscond after occurrence took place on 25/01/2011. 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 Bail Appln.No.1528/2011 : 2 : 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. Dated this the 9th day of March, 2011. V.RAMKUMAR, JUDGE. skj