IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 Bail Appl..No. 8103 of 2010() ----------------------------------------- (CRIME NO.1164/2010 OF NEYYATTINAKRA POLICE STATION, THIRUVANANTHAPURAM DISTRICT) ........ PETITIONER/4TH ACCUSED: ------------------------------------------ JAYAKUMAR ALIAS BAIJU.V., AGED 22 YEARS, S/O.VENU, MELEKALATHIL PUTHEN VEEDU, NEYYATTINAKRA, TRIVANDRUM. BY ADVS. SRI.THOMAS ABRAHAM, SRI.R.L.SALIN KUMAR, SRI.R.DIPU, SRI.K.S.HARIDAS, SRI.RENJITH KUMAR. RESPONDENT(S): COMPLAINANT: -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, NEYYATTINAKRA POLICE STATION, TRIVANDRUM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ============================= Bail Application No.8103 of 2010 ================================ Dated this the 17th day of January, 2011 ORDER Petitioner, who is the 4th accused in Crime No.1164 of 2010 of Neyyattinkara Police Station for offences punishable under Sections 341,294(b),323,324,326, 307 and 34 IPC, seeks his enlargement on bail. The occurrence took place on 27.8.2010. The petitioner was arrested on 24.11.2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the accused persons including the petitioner demanded gunda collection from the deceased Moniyan aged 58 years running a shop at Neyyattinkara and on his resistance he was brutally attacked with deadly weapons and he succumbed to injuries. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, 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 petitioner is released on B.A. No. 8103 of 2010 2 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 17 th day of January, 2011. V. RAMKUMAR, (JUDGE) sj