IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Bail Appl..No. 748 of 2011() -------------------------------------- CRIME NO.2/2011 OF RAJAPURAM POLICE STATION, KASARAGOD DISTRICT --------------------------- PETITIONER/PETITIONER/ACCUSED 1 & 2 ------------------------------------------------------------- 1. SEETHAMMA BAI, AGED 57 YEARS, W/O. ISRU NAIK, RESIDING AT THUMPODI, CHAMUNDIKUNNU P.O., PANATHADY VILLAGE, KASARAGOD DISTRICT. 2. T.VIJAYAKUMAR, AGED 25 YEARS, S/O. ISRU NAIK, RESIDING AT THUMPODI, CHAMUNDIKUNNU P.O., PANATHADY VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.A.V.JAMES SRI.DALBI EMMANUAL PALMOOTTIL RESPONDENT(S): RESPONDENT/COMPLAINANT ---------------------------------------------------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. BY THE SUB INSPECTOR, RAJAPURAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. .................................................... Bail Application No. 748 of 2011 ..................................................... Dated this the 4th day of February, 2011. ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.2 of 2011 of Rajapuram Police Station for offences punishable under Sections 302 and 201 r/w Section 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 03.01.2011. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioners are the 2nd wife and son of the deceased and the murder was committed on account of the decision of the deceased to give his property to the son born to him in the first wife which was not relished by the petitioners. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioners, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioners, 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 petitioners are released on bail, they will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioners making B.A. No. 748 of 2011 2 themselves scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioners at this stage. This petition is accordingly dismissed. V. RAMKUMAR, JUDGE. rv