IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Bail Appl..No. 5181 of 2010(C) ------------------------------------ CMP.5066/2010 of J.M.F.C.-II,NEDUMANGAD (CRIME NO. 461/2010 OF VITHURA POLICE STATION, THIRUVANANTHAPURAM) .................... PETITIONER(S)/ACCUSED ------------------------------- SELVAN @ THOMSON, S/O.CHELLAPPAN, AATTARIKATHU VEEDU, THAVACKAL COLONY, KOTTAKKAKAM MURI, VITHURA VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENT(S): STATE ---------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.461/2010 OF VITHURA POLICE STATION, THIRUVANANTHAPURAM). BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Bail Application No.5181 of 2010 * * * * * * * * * * * * * * * * * * * * * Dated: 29th day of September, 2010 ORDER Petitioner, who is the sole accused in Crime No.461/2010 of Vithura Police Station for offences punishable under Sections 498(A) and 306 IPC, seeks his enlargement on bail. The occurrence took place on 3.8.2010. The petitioner was arrested on 11.8.2010. 2. The application was opposed on behalf of the prosecution. 3. I have perused the case diary which contains the dying declaration of the deceased wife of the petitioner. It contains the heart rending narrative of the deceased. The petitioner on the strength of unfounded suspicion of her fidelity had been tormenting her continuously by means of corporal torture. He was also demanding more properties. The dying declaration has been recorded by the Magistrate. 4. Having regard to the nature of the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the 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) dmb