IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Bail Appl..No. 5365 of 2010() ------------------------------------------------ CRIME NO.768/2010 OF THALASSERY POLICE STATION PETITIONER/ACCUSED NO.16 (UNDER CUSTODY) -------------------------------------------------------------------------------- SAJEER.T.P. S/O. ISMAIL, AGED 23, DRIVER, THAVAKKAL MANZIL, P.O. CHOKLI, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR RESPONDENT(S): COMPLAINANT & FORMAL PARTY ------------------------------------------------------------------------------------- 1. STATE OF KERALA, TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. DEPUTY SUPERINTENDENT OF POLICE, THALASSERY. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No.5365 of 2010 ..................................................... Dated: 13.09.2010 ORDER Petitioner, who is the 16th accused in Crime No.768/2010 of Thalassery Police Station for offences punishable under Sections 143,147,148,341,435 & 302 read with 149 IPC seeks his enlargement on bail. The occurrence took place on 28.5.2010. The petitioner was arrested on 28.7.2010. 2. The application was opposed on behalf of the prosecution. The learned Public Prosecutor submitted that this is a case of double murder and it is not as if the petitioner was merely a driver engaged by the assailants. He had carried A9 and A15 in the vehicle which was recovered after the occurrence without the knowledge of the Police. 3. Having regard to the nature of the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the injury sustained and the other facts and circumstances of the case, 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. V. RAMKUMAR, (JUDGE) sj