IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 Bail Appl..No. 633 of 2011() -------------------------------- (CRIME NO.34/2008 OF KUMBALA POLICE STATION, KASARAGOD) .... PETITONER/ACCUSED 1 ----------------------------- ABOOBACKER SIDDIQUE, S/O.ABDULLA, KUNJATHUR MADA, KUNJATHUR VILLAGE, KASARAGOD. BY ADV. SRI.MURUGAN P.V. RESPONDENT(S): COMPLAINANT -------------------------------------- 1. THE S.H.O. KUMBALA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.633 of 2011 ----------------------------------------------------- Dated this the 31st day of January, 2011 ORDER The petitioner, who is accused No.1 in Crime No.34 of 2008 of Kumbala Police Station for an offence punishable under Section 379 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 22/11/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who is an accused in nine other theft cases had committed theft of 840 litres of kerozene in 4 barrels and that the trial of the case is about to commence. 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 Bail Appln.No.633/2011 : 2 : 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. The learned Magistrate shall expedite the trial of the case. V. RAMKUMAR, JUDGE skj