IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Bail Appl..No. 2057 of 2011() ----------------------------- CC.494/2010 of JUDICIAL FIRST CLASS MAGISTRATE-I, PARAPPANANGADI CRIME NO. 124/2000 of THENHIPPALAM POLICE STATION .................... PETITIONER/ ACCUSED NO.3:- ----------------------------------- SAJITH BABU @ SODA BABU S/O.SAINABHA, PATHAMPADY, ALATHIYUR ,TIRUR, PRESENTLY RESIDING AT KOTTATHARA HOUSE B.P.ANGADI, TIRUR,MALAPPURAM DISTRICT. BY ADV. SRI.LIFFY P. FRANCIS SRI.K.P.SURAJ RESPONDENT/ COMPLAINANT:- ------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM THROUGH S.I. OF POLICE, THENHIPALAM POLICE STATION. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.2057 of 2011 ----------------------------------------------------- Dated this the 21st day of March, 2011 ORDER Petitioner, who is accused No.3 in Crime No.124 of 2000 of Thenhippalam Police Station for offences punishable under Sections 379 & 411 read with Section 34 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 07/12/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in 3 other crimes and he had absconded after getting enlarged on bail during the crime stage and the present case is now pending for trial before the Judicial Magistrate of the First Class-I, Parappanagadi as C.C.No.494 of 2010 and if the petitioner is released on bail he will flee from justice. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the propensities of the petitioner 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. Bail Appln.No.2057/2011 : 2 : 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. The learned Magistrate shall expedite the trial of the above case. Dated this the 21st day of March, 2011. V.RAMKUMAR, JUDGE. skj