IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Bail Appl..No. 916 of 2009() ---------------------------- CMP.1396/2009 of J.M.F.C., KARUNAGAPPALLY CRIME NO. 425/2008 of OACHIRA POLICE STATION .................... PETITIONER/2ND ACCUSED:- -------------------------------- RAMESH,S/O. MADHAVAN, KUTTIKKATT VAYALIL VEETTIL, CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE, ALAPPZUA. BY ADV. MR. GEORGE VARGHESE PERUMPALLIKUTTIYIL RESPONDENTS/STATE & COMPLAINANT:- ---------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, OACHIRA. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== B.A. No. 916 of 2009 ====================== Dated, this the 6th day of March, 2009. ORDER Petitioner who is the 2nd accused in Crime No.425 of 2008 of Oachira Police Station for offences punishable under Sections 425, 506(ii), 326 and 308 r/w Section 34 IPC seeks his enlargement on bail. The occurrence took place on28.08.2008. The petitioner was arrested on 08.02.2009. 2. The application was opposed on behalf of the prosecution. 3. Having regard to the nature of the offences, the nature of legal 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 6th day of March, 2009. V. RAMKUMAR, JUDGE. rv