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. 6903 of 2008() ------------------------------------ CMP.4200/2008 of J.M.F.C.-I, MAVELIKKARA CRIME NO.131/2006 OF MAVELIKKARA POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- NAZEEM, S/O. HYDROS KNJU, PUTHENPURA THEKKETHIL,ERUVA, KAYAMKULAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS : ------------------- 1. CIRCLE INSPECTOR OF POLICE,MAVELIKARA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR 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.6903 OF 2008 ------------------------------ Dated this the 27th day of November, 2008 O R D E R This petition is for bail. 2. The alleged offences under Sections 114, 120B, 143, 147, 148, 149, 302 of I.P.C. The petitioner (third accused) along with 9 others committed murder and other witnesses, armed with deadly weapons. The offence was committed on 11.03.2006. The petitioner was absconding he could be arrested in connection with the crime only after 2 years on 22.09.2008. 3. This petition is opposed. 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. 4. It is also pointed out that the petitioner was granted bail in crime no.171 of 2003 of Mannar police station (SC B.A.6903 of 2008 2 480/05), but he absconded and even proceedings under Sections 446 Cr.P.C. was initiated against penalty was imposed, but he did not pay the penalty. He had undertaken before this court that he would surrender before the trial court and another Bench of this court granted time to the accused to surrender before the trial court. He did not do so. Later he was arrested on 22.09.2008. 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, I am satisfied that if bail is granted to the petitioner it is not likely that he will turn up for trial. It is also likely that he will intimidate or influence witnesses. It will not be possible to conclude the trial, without delay. Therefore it is not a fit case to grant bail. The offence committed is as early as in 11.03.2006 and the accused could be procured for trial only on 22.09.2008. The petition is dismissed. K.HEMA, JUDGE pac