IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 Bail Appl..No. 4537 of 2010() ----------------------------- CRIME NO.201/CR/EKM/09 OF CRIME BRANCH CID 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.DILISH JOHN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = B.A.No.4537 of 2010 = = = = = = = = = = = = = = = Dated, this the 3rd day of August, 2010 ORDER Petitioner who is the accused in Crime No.1126 of 2009 of Kothamangalam Police Station for offences punishable under Sections 302,392 and 201 read with 34 IPC, seeks his enlargement on bail. The occurrence took place on 20.05.2009. The petitioner was arrested on 31.03.2010. 2. The application was opposed on behalf of the prosecution. Since the charge-sheet has already been filed before the concerned Magistrate, the petitioner does not have any unrestricted right of bail. Moreover, the apprehensions expressed by the Investigating Officer justify the continued detention of the petitioner. 3. Having regard to the nature of the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the legal injury sustained and the other facts and circumstances of the case, 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) sj