IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 7239 of 2008() ------------------------------------------ (CRIME NO.406 OF 2008 OF MANNAR POLICE STATION) PETITIONER/ ACCUSED: --------------------------------------- VINODE VARGHESE, S/O.VARGHESE, PARAYATTUVADAKKETHIL VEEDU, ERAMATHUR MURI, THRIPPERUNTHURA VILLAGE. BY ADV. SRI.NIDHI BALACHANDRAN SRI.ANIL R.NATH SRI.CHARLS A.V. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MANNAR. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. --------------------------------------------- B.A.No.7239 of 2008 --------------------------------------------- Dated this the 28th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 452, 294(b), 323 and 326 of IPC. According to prosecution, petitioner went to had his food in the hotel where incident happened. Thereafter, he left without paying the money. The cashier questioned him, while he abused her and assaulted her. Thereafter, when the proprietor came there, he assaulted him also, by using a chair and caused a fracture to the leg. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. The injury sustained is minor. Petitioner was working abroad and he had come back, since his mentally retarded brother and ailing mother will have to be looked after by him. Hence, bail may be granted, it is submitted. Learned counsel for petitioner also explained that petitioner was working abroad and he was not intentionally absconding. It is also pointed out that petitioner is the second accused in the crime. But, the co-accused were BA No.7239/2008 2 already acquitted and case against him is included in the register of long pending cases. 4. Learned public prosecutor opposed this bail application and submitted that injury sustained is a fracture to the leg. Petitioner is involved in various other crimes including case involving offence under Section 302 IPC. It is also submitted that petitioner was absconding in that case and the case is in the register of long pending cases. If the petitioner is released on bail, it is likely that he will not be available for trial. Hence, he may not be granted bail, it is submitted. 5. On hearing both sides, I am satisfied that it is not a fit case to grant bail to the petitioner at this stage. It is likely that he may abscond and intimidate or influence witnesses. The petition is dismissed. K.HEMA, JUDGE csl