IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Bail Appl..No. 6902 of 2008(A) -------------------------------------- SC.480/2005 of SESSIONS COURT, CHENGANNUR CRIME NO.171/2008 OF MANNAR POLICE STATION .................... PETITIONER/3RD ACCUSED : ----------------------------------- NAZEM, S/O.HYDROS KUNJU, KALEECKAL VEEDU, PULLIKKANAKKU MURI, KAYAMKULAM BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS/COMPLAINANT : -------------------------------------- 1. CIRCLE INSPECTOR OF POLICE, MANNAR. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6902 OF 2008 ------------------------------ Dated this the 27th day of November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 120B, 308, 326 read with Section 34 of I.P.C. According to prosecution, the petitioner (third accused) along with other accused committed the offences on 29.05.2003. The petitioner was arrested on 29.03.2004 and he was granted bail. Later he absconded. 3. On 22.09.2008 the petitioner was arrested in a case involving offence under Section 302 of I.P.C. He filed a bail application before the trial court. But it was dismissed. The lower court observed as hereunder : “ In the present case, he was absconding. While so, he was arrested in a case for the offence punishable u/s.302 IPC, and now he is under judicial custody. Though proceedings u/s. 446 Cr.P.C. was initiated and penalty was imposed in the present B.A.6902 of 2008 2 case, he did not pay the penalty amount so far. Once he had undertaken before the Hon'ble High Court that he would surrender before the trial court. Accordingly, time was granted by the Hon'ble High Court for his surrender before the trial court. But he did not keep his words. However, he was arrested in a case punishable u/s.302 IPC, and he is under judicial custody in that case. He is involved altogether 3 Sessions cases pending before different courts. ” 4. Learned Public Prosecutor submitted that the petitioner is involved in 3 cases altogether. The offences committed by him are under Sections 302, 308, 326 of I.P.C. etc. He was acting as a hired gunda in all the 3 cases. If he is released on bail, he will be a threat to the society. It is also not possible to secure his presence for trial. Once he is released on bail, it is also likely that the petitioner would influence or intimidate witness or tamper with evidence. B.A.6902 of 2008 3 5. Learned counsel for petitioner submitted that the petitioner is prepared to abide by any condition imposed and he will regularly appear in court, if bail is granted. On hearing both sides and going through the order of the learned Assistant Sessions Judge, I do not find any ground to grant bail to the petitioner. The trial court has rightly rejected the bail application for solid reasons. I am not inclined to grant bail. The petition is dismissed. K.HEMA, JUDGE pac