IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Bail Appl..No. 1001 of 2009() -------------------------------- CRIME NO. 356/2008 of EDAKKAD POLICE STATION PETITIONER/ACCUSED 16 & 17:- ------------------------------ 1. SABIR.P.B, S/O.BUHARI BUSINESS, RESIDING AT POTHURKADAN HOUSE PERUMBAVOOR POST, ERNAKULAM DISTRICT. 2. ANAS.P.K.,S/O.KUNHIMUHAMMAD.P.H PUTHAN PURAYIL HOUSE, 25 YEARS, BUSINESS NEDUMTHODE, P.O.MUDIKAL, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. MR. M.K.DAMODARAN, SENIOR ADVOCATE MR. ALAN PAPALI MR. PRAVEEN K. JOY RESPONDENT/ COMPLAINANT:- ----------------------------------- STATE OF KERALA, (S.H.O.CRIME NO.356/ 2008 EDAKKAD POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. ADV. MR. K.S. SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== B.A. No. 1001 of 2009 ====================== Dated, this the 4th day of March, 2009. ORDER Petitioners who are accused Nos. 16 and 17 in Crime No. 356 of 2008 of Edakkad Police Station for offences punishable under Sections 13(2), 18, 19, 38, 39 of Unlawful Activities (Prevention) and Section 120 (B), 121, 121(A) and 124(A) IPC seek their enlargement on bail. The petitioners were arrested on 05.12.2008. 2. The learned Director General of Prosecution opposed the application submitting inter alia that the petitioners had been providing facilities to persons having direct links with the Banglore explosion. 3. Having regard to the nature of the offences, the relatively short duration of the judicial custody undergone by the petitioners, the present stage of investigation, the involvement of the petitioner in terrorist outfits and the other facts and circumstances of the case, I am satisfied 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 4th day of March, 2009. V. RAMKUMAR, JUDGE. rv