IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Bail Appl..No. 2573 of 2011() ----------------------------- CRIME NO.3/CR/TVM/06 OF CBCID, THIRUVANANTHAPURAM CMP.3294/2011 of J.M.F.C.-III,NEYYATTINKARA .................... PETITIONERS/ACCUSED 1 TO 3: ------------------------------------ 1. NELSON, AGED 47 YEARS, S/O.JOSEPH, MELVIDALAM, KARINGAL, UDAYAMARTHANDAM.P.O., KANYAKUMARI DISTRICT, PULLUVILA, KANJIRAMKULAM. 2. SEMON, S/O.ERANIYOS, AGED 58 YEARS, PEERIPILLA VILAKOM PURAYIDOM, PULLUVILA, KANJIRAMKULAM. 3. FRANCIS, S/O.CYRIL, AGED 37 YEARS, PULLUVILA, IRAYAMMANTHURAL, KANJIRAMKULAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No.2573 of 2011 ..................................................... Dated this the 6th day of April, 2011 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.3/CR/TVM/06 of CBCID, Thiruvananthapuram for offences punishable under Section 302 read with 34 IPC, seek their enlargement on bail. The petitioners surrendered on 22.03.2011. 2. The learned Public Prosecutor opposed the application contending, inter alia, that the 1st accused who was having an illicit affair with the wife of the deceased was plotting to assassinate the deceased and translated into reality the said plot. The occurrence took place on 23.4.2005 and the petitioners have been absconding for nearly six years. Tension still prevails in that area. 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 B.A.No.2573 /2011 -:2:- 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 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. Dated this the 6th day of April, 2011. V. RAMKUMAR, (JUDGE) sj