IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Bail Appl..No. 6855 of 2010(A) -------------------------------------------- (CRIME NO.479/2010 OF BALUSSERY POLICE STATION) PETITIONER/ACCUSED: -------------------------------------- ARUN GOPAN, S/O.GOPAKUMAR, AGED 21 YEARS, MANDATHOOR HOUSE, KUMARANELLUR, KOTTAYAM DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. THE S.H.O., BALUSSERY POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6855 of 2010 ------------------------------------------------ Dated this the 29th day of October, 2010 ORDER The petitioner, who is accused No.1 in Crime No.479 of 2010 of Balussery Police Station for an offence punishable under Section 395 I.P.C., seeks his enlargement on bail. The occurrence took place on 05/08/2010. The petitioner was arrested on 20/08/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is a member of a notorious goonda and had robbed the complainant of Rs.55,000/-. He belongs to Kottayam and the occurrence took place at Balussery and he is involved in a murder case in Crime No.175 of 2009 of Peravoor Police Station. 3. Having regard to the gravity of the offence, nature of the allegations levelled against the petitioner, the relative conduct of the parties, 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.6855/2010 : 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. V.RAMKUMAR, JUDGE skj