IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 Bail Appl..No. 58 of 2011() --------------------------- ( SC.261/2010 of ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR) ( CRIME NO.1317/2009 OF KODUNGALLUR POLICE STATION ) .................... PETITIONER/ACCUSED NO.2: -------------------------------------------- SAJI @ SAJEEVAN, S/O.KANNAN, PALOTTUKAVIL HOUSE, ERINGAL VILLAGE DESOM, KANNUR. BY ADV. SRI.C.A.ANOOP RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. -------------------------------------------------- Bail Application No.58 of 2011 --------------------------------------------------- Dated this the 19th day of January, 2011 ORDER The petitioner, who is accused No.1 in Crime No.1317 of 2009 of Kodungallur Police Station for an offence punishable under Section 399 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 24/11/2009. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner and others were found inside the compound of Ayyappa Temple near Kodungallur at 1.30 a.m. and they were found with iron levers and that the petitioner is involved in 8 other theft cases and has been convicted in one case for an offence punishable under Section 394 I.P.C. 3. Having regard to the gravity of the offence, 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 B.A.No.58/2011 2 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. 4. In the light of the assurance given by the Additional Sessions Judge (Adhoc) Fast Track No.I, Thrissur S.C.No.261 of 2010 in which the petitioner is an accused shall be disposed of expeditiously. This petition is accordingly dismissed. V. RAMKUMAR, JUDGE skj