IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Bail Appl..No. 1005 of 2009() ----------------------------- CMP.473/2009 of J.M.F.C.-II, HARIPAD CRIME NO. 16/2009 OF KARTHIKAPPALLY EXCISE RANGE PETITIONER (S): ACCUSED --------------------------- VIJAYAN, AGED 56 YEARS, S/O. KUNJU KUNJU, MARANGATTUY KOLONIYIL ARUPATHIL VEETIL, KANICHANALLOOR MURI, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A.NO. 1005 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 13rd day of March, 2009 O R D E R Petitioner who is the accused in Crime No.16/2009 of Karthikappally Excise Range for offences punishable under Sections 8 (1) and (2) seeks his enlargement on bail. The occurrence took place on 14-2-2009 and petitioner was arrested on the same day. 2. The application was opposed on behalf of the prosecution. 3. Having regard to the nature of the offences, the nature of legal injury sustained by the injured, the relatively short duration of the judicial custody undergone by the petitioner, the present stage of investigation and the other facts and circumstances of the case, I am satisfied 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. V. RAMKUMAR, JUDGE. mn.