IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Bail Appl..No. 963 of 2009() ---------------------------- CMP.752/2009 of J.M.F.C.,PAYYANNUR CRIME NO. 252/2008 of PAYYANNUR POLICE STATION .................... PETITIONER/3RD ACCUSED:- ------------------------------ SHUHAIB NEAR K.C. PALAM,PAYYANNUR, KANNUR DIST. BY ADV. MR. C.K.SREEJITH RESPONDENTS:- --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. STATION HOUSE OFFICER, PAYYANNUR REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== B.A. No. 963 of 2009 ====================== Dated, this the 4th day of March, 2009. ORDER Petitioner who is the 3rd accused in Crime No. 252 of 2008 of Payyannur Police Station for offences punishable under Sections 143, 147, 148 and 341 r/w Section 307 IPC seeks his enlargement on bail. The occurrence took place on 04.05.2008. The petitioner was arrested on 19.02.2009. 2. The application was opposed on behalf of the prosecution. 3. Having regard to the nature of the offences, the nature of injuries sustained by the injured, the relatively short duration of the judicial custody undergone by the petitioner, the present stage of investigation and the other facts and circumstances of the case, I am satisfied 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. Dated this the 4th day of March, 2009. V. RAMKUMAR, JUDGE. rv