IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 Bail Appl..No. 7384 of 2010() ---------------------------------------- CRIME NO.1164/2010 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. ......................... PETITIONER/(A4): -------------------------- SIVA KUMAR,S/O.RAJENDRAN, KIZHANGUVILAKATHU VEEDU, KADAVATTAROM DESOM, VLANGAMURI, NEYYATTINKARA. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT/STATE: -------------------------------- THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V.RAMKUMAR, J .................................................... Bail Application No.7384 of 2010 ..................................................... Dated: 22.11.2010 ORDER Petitioner, who is the 4th accused in Crime No.1164/2010 of Neyyattinkara Police Station for offences punishable under Sections 341,294(b),323,324,326,307 and 302 read with 34 IPC, seeks his enlargement on bail. The occurrence took place on 27.8.2010. The petitioner surrendered on 3.11.2010. 2. The learned Public Prosecutor opposed the application contending, inter alia, that the deceased who objected to the forcible collection of dada fees by Sanal Kumar, a notorious criminal, was attacked with iron bars, bricks etc. by the petitioner and others who are his associates resulting in the deceased sustaining fatal injuries on 27.8.2010 to which he succumbed two weeks thereafter. The petitioner and A3 had hit the deceased with iron blocks. 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 propensites of the petitioner, the sentiments of the near relatives of the victim B.A. No.7384 of 2010 2 and the other facts and circumstances of the case, I am of the view 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 22nd day of November, 2010. V. RAMKUMAR, (JUDGE) sj