IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Bail Appl..No. 1013 of 2009() ----------------------------- CRIME NO. 445/2006 OF THOPPUMPADY POLICE STATION .................... PETITIONER/8TH ACCUSED:- ------------------------------- ABDUL KHADER, AGED 43 YEARS, S/O. YUSAFF, RIFITHU MANZIL, KHALARIYA JUMA MASJID, CHUKKARI ADKA BHAGOM, MANGALAPADY VILLAGE, KASARAOGOD DISTRICT. BY ADV. MR. ASHIK K.MOHAMMED ALI RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== B.A. No. 1013 of 2009 ====================== Dated, this the 13th day of March, 2009. ORDER Petitioner who is the accused in Crime No.445 of 2006 of Thoppumpady Police Station for offences punishable under Sections 420, 376 and 342 r/w Section 34 IPC seeks his enlargement on bail. The occurrence took place on 25.08.2006. The petitioner was arrested on 23.01.2009. 2. The application was opposed on behalf of the prosecution. 3. Having regard to the nature of the offences, the nature of legal injury sustained by the injured, the relatively short duration of the judicial custody undergone by the petitioner, the present stage of investigation and the other facts and circumstances of the case, I am satisfied that 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. Dated this the 13th day of March, 2009. V. RAMKUMAR, JUDGE. rv