IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Bail Appl..No. 1387 of 2011() ---------------------------------------- CRIME NO.237/2002 OF ANCHAL POLICE STATION, KOLLAM DISTRICT ------------------------------ APPLICANT/ACCUSED NO.1: ------------------------------------------- ABDUL KHADAR, AGED 48 YEARS, S/O.HYDROSE KUNJU, PONGUMMUKALIL VEEDU, ERAM MURI, ANCHAL VILLAGE, PATHANAPURAM TALUK. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I.OF POLICE, ANCHAL POLICE STATION. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1387 of 2011 ----------------------------------------------------- Dated this the 25th day of February, 2011 ORDER Petitioner, who is accused No.1 in Crime No.237 of 2002 of Anchal Police Station for offences punishable under Sections 120(B), 143, 147, 148, 427, 460 & 302 read with Section 149 I.P.C. and Sections 3 & 5 of the Explosive Substances Act, seeks his enlargement on bail. The occurrence took place on 18/07/2002. The petitioner was arrested on 28/07/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who is an NDF activist and who was enlarged on bail during the crime stage had absconded and he had even slipped out of the country on the strength of a forged passport and he continued to evade his apprehension by the police for long seven years and a look out notice was issued against him and finally he was arrested from the Mumbai Airport on 28/07/2010. He also submitted that if the petitioner is released on bail he will definitely make himself scarce and flee from justice. 3. Having regard to the gravity of the offences, Bail Appln.No.1387/2011 : 2 : nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, the sentiments of the near relatives of the victim 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. 4. The Additional Sessions Court (Ad hoc-I), Kollam shall make an earnest endeavour to expedite the trial of S.C.No.1204 of 2010 having regard to the fact that the petitioner is an under trial prisoner languishing in jail from 28/07/2010 onwards. Dated this the 25th day of February, 2011. V. RAMKUMAR, (JUDGE) skj