IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 Bail Appl..No. 3785 of 2011() ----------------------------- CRIME NO.120/2011 OF KOTTAKKAL POLICE STATION PETITIONER/ACCUSED -------------------------------------- JINNAN SHEIK @ RAHEEM SHEIK, S/O DINU ALI SHEIK, CHALK BONE GURIYA P.O., BARDHAVAN, WEST BENGAL. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.3785 of 2011 ----------------------------------------------------- Dated this the 23rd day of May, 2011 ORDER Petitioner, who is the sole accused in Crime No.120 of 2011 of Kottakkal Police Station for an offence punishable under Section 302 I.P.C., seeks his enlargement on bail. The occurrence took place on 15/03/2011. The petitioner was arrested on 25/03/2011. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner had intentionally caused the death of his 18 year old wife after pouring kerosene on her body and setting her ablaze, that the petitioner and his wife (deceased) belong to West Bengal and that the Magistrate concerned had recorded the dying declaration of the deceased clearly implicating the petitioner. 3. Having regard to the gravity of the offence, nature of the allegations levelled against the petitioner, the relative conduct of the party, 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 Bail Appln.No.3785/2011 : 2 : 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. Dated this the 23rd day of May, 2011. V.RAMKUMAR, JUDGE skj